fik-f 


i .PAUL  STRATTON, 

L L^s 


■ V— 


A.UNT  ACT 


TO  PROVIDE  A 


GENERAL  RAILROAD  LAW 


NT  AND  REGULATION  OF  RAILROADS 


IN  THIS  STATE, 


AND  FOR  THE  APPOINTMENT  OF  A 


RAILROAD  COMMISSIONER. 


AND  TOr  PRESCRIBE  Ills 


PO WEES. AND  DUTIES. 


COLUMBIA,  S.  C. 

JAMES  WOODROW,  STATE  PRINTER. 
•1882. 


DUKE  UNIVERSITY  LIBRARY 


CONTENTS. 


3^-09757 

77  & A 


PAGE 


Accidents,  regulations  for  preventing 34 

and  responsibility  therefor 43 

Act,  extent  and  pui’view  of  the  1 

Annual  reports  of  railroads 9 

Bonds,  of  issuing 9 

Cattle  guards 46 

Charters  of  railroads 2 

Consolidation  of  corporations 5 

Connecting  railroads  (see  discrimination) 31 

Crossings  of  one  railroad  with  another,  or  over  navigable  waters..  44 
railroads  with  highways  and  other  ways — crossing 

over  or  under 45 

alteration  to  facilitate  or  avoid 45 


at  a level 

Cruelty  to  animals 

Damages  by  tire  ; insurance 

Discrimination  (see  connecting  railroads) 

Equipment  of  cars  and  trains 

Explosive  compounds 

Formation  of  corporations  by  purchasers 

Highways,  &c.,  laid  out  over  railroads  previously  contrueted 

Insurance 

Merchandise,  accommodations  regarding 

NAw  roads,  opening 

Offences  and  penalties  therefor 

by  employees 

Passengers,  accommodation  for  (see  Sec.  82) 

Penalties 

Proxies 

Railroad  Commissioner 

Railroad  corporations,  of  other 

Running  trains  on  Sunday 

Repealing  clause 


45 

33 

40 

22 

37 

38 
3 

45 
40 
40 

40 

41 

46 
38 
46 

9 

25 

9 

33 


49 


ERRATA. 


Page  2,  in  the  heading,  insert  “and  consolidation’"  after  “charters. 

Page  5.  strike  out  “consolidation  of  corporations,”  and  substitute  “taking 
stock  or  bonds  of  other  companies.” 

Page  15,  under  “taxes,”  strike  out  “ In  S.  C.,”  “In  G-a,”  “In  N C." 

Page  25,  Section  37,  last  line,  change  “to”  to  “by.” 

Page  31,  Section  56,  strike  out  “and  financial  condition." 

Page  33,  Section  63,  line  2,  strike  out  “or  persons.” 

Page  36,  Section  79,  line  5,  insert  “Railroad  Commissioner  or”  before  “Com 
ty  Commissioners.” 

Page  36,  Section  80,  last  line,  insert  after  “adopted”  “but  if  such  recommen- 
dations be  so  adopted.” 

There  being  no  Section  65,  Section  66  has  been  changed  to  65.  67  to  66,  am 
so  on  to  the  end. 


:Li-A-“w\ 


AN  ACT  xo  provide  a General  Railroad  Law  for  the  Manage- 
ment and  Regulation  of  Railroads  in  this  State,  and  for 

THE  APPOINTMENT  OF  A RAILROAD  COMMISSIONER,  AND  TO  PRE- 
SCRIBE HIS  POWERS  AND  DUTIES. 

/ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  South  Carolina,  now  met  and  sitting  in  General  Assembly, 
and  by  the  authority  of  the  same : 


Extent  and  Purview  of  the  Act. 


Sec. 

1.  How  cited. 

2.  Construction  of  terms,  “railroads  and 
railways,”  “railroad,”  “railroad  cor- 
poration,” and  “railroad  company.” 


Sec. 

3.  Liability  of  a corporation  operating 
road  of  another  corporation. 

4.  Corporations  subject  to  this  Act. 


Section  1.  This  Act  may  be  cited  as  the  “General  Railroad  Act,” 
one  thousand  eight  hundred  and  eighty- one. 

Sec.  2.  In  the  construction  of  this  Act,  except  where  such  mean- 
ing would  be  repugnant  to  the  context,  or  contrary  to  the  manifest 
intention  of  the  Legislature,  the  phrase  “railroads  and  railways” 
shall  be  construed  to  include  all  railroads  and  railways  doing  busi- 
ness as  common  carriers  in  this  State  (except  marine  railways), 
operated  by  steam,  and  whether  operated  by  the  corporations  own- 
ing them  or  by  other  corporations  or  otherwise  ; “railroad”  shall  be 
construed  to  mean  a railroad  or  railway  operated  by  steam  power. 
The  phrase  “railroad  corporation”  shall  be  construed  to  mean  the 
corporation  which  lays  out,  constructs,  maintains,  or  operates  a rail- 
road operated  by  steam  power,  and  “railroad  company”  shall  have  no 
different  meaning  from  “railroad  corporation.” 

Sec.  3.  When  a railroad  laid  out  and  constructed  by  one  corporation 
is  lawfully  maintained  and  operated  by  another  corporation,  the  latter 
shall  be  subject  to  the  duties,  liabilities,  restrictions  and  other  pro- 
visions, as  they  are  set  forth  in  this  Act,  respecting  or  arising  from 
the  maintenance  and  operation  of  such  railroad,  in  the  same  manner 
as  if  it  hhd  been  laid  out  and  constructed  by  said  latter  corporation. 
When  a railroad  is  lawfully  maintained  and  operated  by  trustees  or 
receivers,  they  shall  in  like  manner  be  subject  to  the  duties,  liabili- 
ties, restrictions  and  other  provisions  respecting  or  arising  from  the 


2 


maintenance  and  operation  of  such  railroad  which  are  attached  in 
this  Act  to  the  corporation  for  whose  stockholders  or  creditors  or 
either  they  are  trustees  or  receivers. 

Sec.  4.  Eailroad  corporations  heretofore  established  in  this  State, 
whether  by  special  Act  or  in  conformity  with  the  provisions  of  any 
general  law,  shall  have  the  powers  and  privileges  and  be  subject  to 
duties,  liabilities,  restrictions,  and  other  provisions  contained  in  this 
Act,  which,  so  far  as  inconsistent  with  charters  granted  since  the 
seventeenth  day  of  December,  one  thousand  eight  hundred  and  forty- 
one,  shall  be  deemed  and  taken  to  be  in  alteration  and  amendment 
thereof:  Provided , That  nothing  herein  contained  shall  affect  any  act 
done  or  any  right  accruing,  accrued,  or  established,  or  any  proceed- 
ings, doings,  or  acts  ratified  or  confirmed,  or  any  suit  or  proceeding 
had  or  commenced  in  any  case  before  the  Act  takes  effect,  but  the 
proceedings  therein  shall,  when  necessary,  conform  to  the  provisions 
of  this  Act. 

As  to  the  Charters  of  Railroads. 


Sec. 

5.  No  charter  or  extension  thereof  to  he 
granted  without  three  months’  notice  of 
application. 


Sec. 

6.  Liability  at  common  law  not  limited  hy 
public  notice  or  declaration. 

7.  Stockholders  entitled  to  one  vote  for 
each  share  of  stock. 


Sec.  5.  No  charter  for  the  incorporation  of  railroad  companies,  or 
any  extension  thereof,  shall  be  granted  by  the  Legislature,  unless 
three  months’  public  notice  of  the  application  for  the  same  be  pre- 
viously given  by  advertisement  in  one  of  the  papers  of  the  County 
in  which  such  road  may  be  situated ; or,  if  there  be  no  newspaper  in 
such  County,  then,  by  publication  of  such  notice  at  the  Court  House, 
or  some  conspicuous  place  in  the  County. 

Sec.  6.  No  public  notice,  or  declaration,  shall  limit,  or  in  any  wise 
affect,  the  liability,  at  common  law,  of  any  Railroad  Company  within 
this  State,  for  or  in  respect  of  any  goods  to  be  carried  and  conveyed 
by  them  ; but  such  Railroad  Company  shall  be  liable,  as  at  common 
law,  to  answer  for  the  loss  of,  or  injury  to,  any  articles  and  goods  to 
be  carried  and  conveyed  by  them,  any  public  notice,  or  declaration, 
by  them  made  and  given  contrary  thereto,  or  in  anywise  limiting 
such  liability,  notwithstanding. 

Sec.  7.  At  all  general  or  special  meetings  or  elections  of  the  stock 
holders  of  any  Railroad  Company  incorporated  by  this  State,  each 
share  of  stock  shall  entitle  the  holder  thereof  to  one  vote:  Provided , 
That  nothing  herein  contained  shall  affect  the  mode  of  voting  adopted 
and  practised  by  any  Railroad  Company  at  the  time  that  this  Act 
shall  become  of  force. 


3 


Formation  of  Corporations  by  Purchasers. 


Sec. 

S Purchasers  at  sale  may  form  corporation. 
Certificate  to  be  filed,  in  Secretary  of 
State’s  office;  what  to  contain. 

9.  Powers  of  corporation. 

10.  May  issue  bonds,  secured  by  mortgage. 
Property  and  franchises  subject  to  lien. 


Sec. 

11.  May  establish  sinking  funds  and  capital 
stock — make  by-laws,  rules  and  regula- 
tions. 

12.  Subject  to  certain  provisions  of  General 
Statutes. 


Sec.  8.  In  case  of  the  sale  of  any  railroad,  situated  heretofore  or 
hereafter  wholly  within  this  State  or  partly  in  an  adjoining  State,  by 
virtue  of  any  mortgage  or  deed  of  trust,  whether  under  foreclosure  or 
other  judicial  proceeding,  or  pursuant  to  any  power  contained  in  such 
mortgage  or  deed  of  trust,  the  purchaser  or  purchasers  thereof,  or  his 
or  their  survivor  or  survivors,  representatives,  or  assigns,  may, 
together  with  their  associates,  (if  any,)  form  a corporation  for  the 
purpose  of  owning,  possessing,  maintaining,  and  operating  such  rail- 
road, or  such  portion  thereof  as  may  be  situated  within  this  State,  by 
filing  in  the  office  of  the  Secretary  of  State  of  this  State  a certificate 
specifying  the  name  and  style  of  such  corporation,  the  number  of 
Directors  of  the  same,  the  name  of  its  Directors,  and  the  period  of 
their  services,  not  exceeding  one  year,  the  amount  of  the  capital  stock 
of  such  corporation,  and  the  number  of  shares  into  which  it  is  to  bo 
divided ; and  the  persons  signing  such  certificate,  and  their  succes- 
sors, shall  be  a body  corporate  and  politic,  by  the  name  specified  in 
such  certificate,  with  power  to  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  to  own,  possess,  maintain,  and  operate  the  railroad 
referred  to  in  such  certificate,  and  to  transact  all  business  connected 
with  the  same ; and  a copy  of  such  certificate,  attested  by  the  Secre- 
tary of  State  or  his  deputy,  shall,  in  all  Courts  and  places,  be  evidence 
of  the  due  organization  and  existence  of  such  corporation  and  of  the 
matters  specified  in  such  certificate  : Provided , That  nothing  herein 
contained  shall  be  construed  to  authorize  in  any  manner  the  purchase 
or  lease  of  such  railroad,  by  any  railroad  corporation,  or  steamship 
company,  chartered  either  by  this  or  by  any  other  State,  except  as 
hereinafter  provided  : And  provided,  further,  That  the  capital  stock;  to 
be  named  in  the  certificate  aforesaid,  shall  in  no  case  be  greater  than 
the  amount  of  the  capital  stock  specified  in  the  original  charter  of 
the  railroad  so  sold,  and  any  amendment  or  amendments  thereto. 

Sec.  9.  Such  corporation  shall  possess  all  the  powers,  rights,  im- 
munities, privileges,  and  franchises  in  respect  to  such  railroad,  or  the 
part  thereof  included  in  such  certificate,  and  in  respect  to  the  real 
and  personal  property  appertaining  to  the  same,  which  were  possessed 
or  enjoyed  by  the  corporation  which  owned  or  held  such  railroad 
previous  to  such  sale  under  or  by  virtue  of  its  charter  and  any  amend- 


4 


ments  thereto,  and  of  other  laws  of  this  State,  or  the  laws  of  any 
other  State,  in  which  any  part  of  such  railroad  may  have  been  situa- 
ted, not  inconsistent  with  the  la  ws  of  this  State. 

Sec.  10.  Such  corporation  shall  have  power  to  make  and  issue  bonds 
bearing  such  rate  of  interest,  not  exceeding  seven  per  cent,  per  annum, 
payable  at  such  times  and  places,  and  in  such  amount  or  amounts,  as 
it  may  deem  expedient,  and  to  sell  and  dispose  of  such  bonds  at  such 
prices  and  in  such  manner  as  it  may  deem  proper,  and  to  secure  the 
payment  of  such  bonds  by  its  mortgage  or  deed  of  trust  of  its  railroad 
or  any  part  thereof,  and  its  real  and  personal  property  and  franchises. 
And  all  of  the  property  and  franchises  of  such  corporation  embraced 
or  intended  to  be  embraced  in  any  such  mortgage  or  deed  of  trust, 
whether  then  held  or  hereafter  acquired,  shall  be  subject  to  the  lien 
and  operation  of  such  mortgage  or  deed  of  trust,  and  in  case  of  sale 
under  the  same,  shall  pass  to  and  become  vested  in  the  purchaser  or 
purchasers  thereof,  so  as  to  enable  him  or  them  to  form  a new  corpo- 
ration in  the  manner  hereinbefore  prescribed,  and  to  vest  in  such  new 
corporation  all  the  faculties,  powers,  rights,  immunities,  privileges  and 
franchises  possessed  by  its  predecessor  or  conferred  by  this  Act. 

Sec.  11.  Such  corporation  shall  also  have  power  to  establish  sinking 
funds  for  the  payment  of  its  liabilities,  and  to  issue  capital  stock,  to 
such  an  aggregate  amount  as  it  may  deem  necessary,  not  exceeding 
the  amount  named  iu  its  certificate  of  organization.  Any  such  corpo- 
ration shall  also  have  power  to  make  by-laws,  rules,  and  regulations 
in  relation  to  its  business,  and  the  number  of  its  Directors,  and  the 
times  and  places  of  holding  meetings  of  the  stockholders  and  Direc- 
tors, and  the  same  to  alter  and  change  as  may  be  deemed  expedient: 
Provided,  That  such  by-laws,  rules,  and  regulations  shall  conform  t<> 
the  laws  of  this  State. 

Sec.  12.  Any  Railroad  corporation,  formed  under  the  provisions  of 
Sections  8,  9,  10,  and  11,  of  this  Act,  shall  be  subject,  as  to  the  charter 
of  such  corporation,  to  the  provisions  of  Section  1,  Chapter  LXIIL. 
Title  XIII.,  of  the  General  Statutes  of  this  State,  any  provision  in  the 
original  charter  of  the  company  which  owned  or  held  such  railroad, 
previous  to  such  sale,  and  any  amendments  thereto,  to  the  contrary 
notwithstanding. 


5 


Consolidation  of  Corporations. 


See. 

13.  May  consolidate  with  corporation  of  con- 
necting line. 

14.  Directors  to  agree  upon  terms  of  consol- 
idation. Agreement  to  be  submitted  to 
stockholders — filed  in  office  of  Secretary 
of  State. 

15.  When  corporation  to  be  deemed  formed. 

16.  Rights,  privileges,  etc.,  of  new  corpora- 
tion. 

17.  Shall  establish  offices. 

18.  Suits  may  be  brought  against  the  eom- 


See. 

pany. 

19.  Liability  to  taxation. 

20.  Proceedings  to  be  instituted  by  stock- 
holders opposing  consolidation. 

21.  Company  may  purchase  connecting 
road. 

22.  May  purchase  bonds  and  stocks  of 
other  companies.  May  contract  for  the 
purchase  and  lease  of  roads.  May 
guarantee  bonds,  etc.,  of  connecting 

I roads. 


Sec.  13.  It  shall  and  may  be  lawful  for  any  railroad  company  or 
corporation,  organized  under  the  laws  of  this  State,  and  operating  a 
railroad,  either  in  whole  within,  or  partly  within  and  partly  without 
this  State,  under  authority  of  this  and  any  adjoining  State,  to  merge 
and  consolidate  its  capital  stock,  franchises,  and  property  with  those 
of  any  other  railroad  company,  or  companies  or  corporations,  organ- 
ized and  operated  under  the  laws  of  this  or  any  other  State,  when- 
ever the  two  or  more  railroads  of  the  companies  or  corporations  so 
to  be  consolidated  shall  or  may  form  a continuous  line  of  railroad 
Avith  each  other,  or  by  means  of  any  intervening  railroad:  Provided , 
That  railroads  terminating  on  the  banks  of  any  river,  Avhich  are  or 
may  be  connected  by  ferry  or  otherwise,  shall  be  deemed  continuous 
under  this  Act:  And  provided,  further,  That  nothing  in  this  Act  con- 
tained shall  be  taken  to  authorize  the  consolidation  of  any  company 
or  corporation  of  this  State  with  that  of  any  other  State  whose  laws 
shall  not  also  authorize  the  like  consolidation. 

Sec.  14.  Said  consolidation  shall  be  made  under  the  conditions,  pro- 
visions, restrictions,  and  with  the  powers  hereafter  in  this  Act  men- 
tioned and  contained;  that  is  to  say  : 

1.  The  directors  of  the  several  corporations  proposing  to  consolidate 
may  enter  into  a joint  agreement,  under  the  corporate  seal  of  each 
company,  for  the  consolidation  of  said  companies  and  railroads,  and 
prescribing  the  terms  and  conditions  thereof,  the  mode  of  carrying 
the  same  into  effect,  the  name  of  the  new  corporation,  the  number 
and  names  of  the  directors  and  other  officers  thereof,  and  who  shall 
be  the  first  directors  and  officers,  and  their  places  of  residence,  the 
number  of  shares  of  the  capital  stock,  the  amount  or  par  value  of 
each  share,  and  the  manner  of  converting  the  capital  stock  of  each 
of  the  said  companies  into  that  of  the  new  corporation,  and  hoAV  and 
when  directors  and  officers  shall  be  chosen,  Avith  such  other  details  as 
they  shall  deem  necessary  to  perfect  such  neAv  organization  and  the 
consolidation  of  said  companies  or  railroads. 

2.  Said  agreement  shall  be  submitted  to  the  stockholders  of  each  of 


6 


the  said  companies  or  corporations  at  a meeting  thereof,  called  sepa- 
rately, for  the  purpose  of  taking  the  same  into  consideration;  due 
notice  of  the  time  and  place  of  holding  such  meeting,  and  the  object 
thereof,  shall  be  given  by  a general  notice,  published  in  some  news- 
paper in  the  city,  town,  or  County  where  such  company  has  its  prin- 
cipal office  or  place  of  business;  and  at  the  said  meeting  of  stock- 
holders the  agreement  of  the  said  Directors  shall  be  considered,  and 
a vote,  by  ballot,  taken  for  the  adoption  or  rejection  of  the  same, 
each  share  entitling  the  holder  thereof  to  one  vote;  and  said  ballots 
shall  be  cast  in  person  or  by  proxy;  and  if  a majority  of  all  the 
votes  of  all  the  stockholders  shall  be  for  the  adoption  of  said  agree- 
ment, then  that  fact  shall  be  certified  thereon  by  the  Secretary  of 
the  respective  companies,  under  the  seal  thereof;  and  the  agreement 
so  adopted,  or  a certified  copy  thereof,  shall  be  filed  in  the  office  of 
the  Secretary  of  State,  and  shall,  from  thence,  be  deemed  and  taken 
to  be  the  agreement  and  the  act  of  consolidation  of  the  said  com- 
panies; and  a copy  of  said  agreement  and  act  of  consolidation,  duly 
certified  by  the  Secretary  of  State,  under  the  seal  thereof,  shall  be 
evidence  of  the  existence  of  said  new  corporation. 

Sec.  15.  Upon  the  making  and  perfecting  the  agreement  and  act  of 
consolidation,  as  provided  in  the  pi’eceding  Section,  and  filing  the 
same,  or  a copy,  with  the  Secretary  of  State,  as  aforesaid,  the  several 
corporations,  parties  thereto,  shall  be  deemed  and  taken  to  be  one 
corporation  by  the  name  provided  in  said  agreement  and  act,  possess- 
ing within  this  State  all  the  rights,  privileges,  and  franchises,  and 
subject  to  all  the  restrictions,  disabilities,  and  duties  of  each  of  such 
corporations  so  consolidated. 

Sec.  16.  Upon  the  consummation  of  said  Act  of  consolidation,  as 
aforesaid,  all  and  singular,  the  rights,  privileges,  and  franchises  of 
each  of  said  corporations,  parties  to  the  same,  and  all  the  property, 
real,  personal,  and  mixed,  and  all  debts  due  on  whatever  account,  as 
well  as  of  stocks,  subscriptions,  and  other  things  in  action  belonging 
to  each  of  such  corporations,  shall  be  taken  and  deemed  to  be  trans- 
ferred to,  and  vested  in,  such  new  corporation,  without  further  act  or 
deed;  and  all  property,  all  rights  of  way,  and  all  and  every  other 
interest  shall  be  as  effectually  the  property  of  the  new  corporation  as 
they  were  of  the  former  corporations,  parties  by  said  agreement; 
and  the  title  to  real  estate,  either  by  deed  or  otherwise  under  the 
laws  of  this  State  vested  in  either  of  such  corporations,  shall  not  he 
deemed  to  revert,  or  be  in  any  way  impaired  by  reason  of  this  Act : 
Provided , That  all  rights  of  creditors,  and  all  liens  upon  the  property 
of  said  corporations  shall  be  preserved  unimpaired ; and  the  respec- 
tive corporations  may  be  deemed  to  continue  in  existence  to  preserve 


7 


the  same ; and  all  debts,  liabilities,  and  duties  of  either  of  said  com- 
panies shall  thenceforth  attach  to  said  new  corporation,  and  be  en- 
forced against  it  to  the  same  extent  as  if  said  debts,  liabilities,  and 
duties  had  been  incurred  or  contracted  by  it. 

Sec.  17.  Such  new  company  shall,  as  soon  as  convenient  after  such 
consolidation,  establish  such  offices  as  may  be  desirable,  one  of  which 
shall  be  at  some  point  in  this  State,  on  the  line  of  its  road,  and  may 
change  the  same  at  pleasure,  giving  public  notice  thereof  in  some 
newspaper  published  on  the  line  of  said  road. 

Sec.  18.  Suits  may  be  brought  and  maintained  against  such  new 
company  in  any  of  the  Courts  of  this  State,  for  all  causes  of  action, 
in  the  same  manner  as  against  other  railroad  companies  therein. 

Sec.  19.  That  portion  of  the  road  of  such  consolidated  company 
in  this  State,  and  all  its  real  estate  and  other  property  heretofore 
subject  to  taxation,  shall  be  subject  to  like  taxation,  and  assessed  in 
the  same  manner,  and  with  like  effect,  as  property  of  other  railroad 
companies  in  this  State. 

Sec.  20.  Any  stockholder  of  any  company  hereby  authorized  to 
consolidate  with  any  other,  who  shall  refuse  to  convert  his  stock  into 
the  stock  of  the  consolidated  company,  may,  at  any  time  within 
thirty  days  after  the  adoption  of  the  said  agreement  of  consolidation 
by  the  stockholders,  as  in  this  Act  provided,  apply,  by  petition,  to 
the  Court  of  Common  Pleas  of  the  County  in  which  the  chief  officer 
of  said  company  may  be  kept,  or  to  a Judge  of  said  Court  in  vaca- 
tion, if  no  such  Court  sits  within  said  period,  on  reasonable  notice  to 
said  company,  to  appoint  three  disinterested  persons  to  estimate  the 
damage,  if  any,  done  to  such  stockholder  by  said  proposed  consolida- 
tion, and  vffiose  award,  or  that  of  a majority  of  them,  wThen  confirmed 
by  the  said  Court,  shall  be  final  and  conclusive,  and  the  person  so 
appointed  shall  also  appraise  said  stock  of  said  stockholder  at  the 
full  market  value  thereof,  without  regard  to  any  depreciation  or  ap- 
preciation in  consequence  of  the  said  consolidation  ; and  the  said 
company  may,  at  its  election,  either  pay  to  the  said  stockholder, 
the  amount  of  damages  so  found  and  awarded,  if  any,  or  the  value 
of  the  stock  so  ascertained  and  determined,  and  upon  the  payment  of 
the  value  of  the  stock,  as  aforesaid,  the  stockholder  shall  transfer 
the  stock  so  held  by  him  to  said  company,  to  be  disposed  of  by  the 
Directors  of  said  company,  or  to  be  retained  for  the  benefit  of  the 
remaining  stockholders  ; and  in  case  the  value  of  said  stock,  as  afore- 
said, is  not  so  paid  within  thirty  days  from  the  filing  of  said  award, 
and  confirmation  by  said  Court,  and  notice  to  said  company,  the 
damages,  so  found  and  confirmed,  shall  be  a judgment  against  said 


8 


company,  and  collected  as  other  judgments  in  said  Court  are,  by  law, 
recoverable. 

Sec.  21.  When  any  railroad  shall  be  sold  and  conveyed  by  virtue  of 
any  mortgage  or  deed  of  trust,  or  under  and  by  virtue  of  any  pro- 
cess or  decree  of  any  Court  of  this  State,  or  of  the  Circuit  Court  of 
the  United  States,  it  may  be  lawful  for  any  company,  of  which  the 
railroad  connects  therewith,  to  purchase  and  pay  for  the  same,  to 
issue  their  own  stock  for  such  an  amount  as  the  purchasers  may  deem 
the  full  and  fair  value  thereof,  and  to  hold  and  enjoy  the  railroad  so 
purchased,  with  all  the  rights,  privileges,  and  franchises,  and  with 
the  same  rights  to  charge  for  tolls,  transportation,  and  car  services, 
and  subject  to  the  same  restrictions  as  were  held,  enjoyed,  and  limited 
by  and  in  respect  to  the  company  of  which  the  road  may  be  so  sold. 

Sec.  22.  It  shall  and  may  be  lawful  for  any  railroad  company 
created  by,  and  existing  under  the  laws  of  the  State,  from  time  to 
time  to  purchase  and  hold  the  stock  and  bonds,  or  either,  of  any  other 
railroad  company  or  companies  chartered  by,  or  of  which  the  road  or 
roads  is  or  are  authorized  to  extend  into  this  State;  and  it  shall  be 
lawful  for  any  railroad  companies  to  enter  into  contracts  for  the  pur- 
chase, use,  or  lease  of  any  other  railroads,  upon  such  terms  as  may 
be  agreed  upon  with  the  company  or  companies  owning  the  same, 
and  to  run,  use  and  operate  such  road  or  roads  in  accordance  with 
such  contract  or  lease:  Provided , That  the  roads  of  the  companies 
so  contracting  or  leasing  shall  be  directly,  or  by  means  of  interven- 
ing railroads,  connected  with  each  other.  And  it  shall  and  may  be 
lawful  for  any  railroad  corporation  now  organized,  or  which  may 
hereafter  be  organized,  under  the  laws  of  this  State,  to  guarantee  the 
bonds  or  stock  or  dividends  of  any  other  railroad  corporation  when- 
ever the  roads  of  such  corporations  shall  connect  with  each  other,  or 
shall  form  a continuous  line  of  railroad  directly,  or  by  means  of  any 
connecting  railroad,  or  by  steamboat  or  steamship  line,  such  guaranty 
to  be  upon  such  terms  and  conditions  as  may  be  agreed  upon  by  the 
stockholders  of  the  corporations  making  the  same:  Provided.  That 
no  railroad  corporation  consolidating  as  hereinbefore  provided  shall 
thereby  acquire  any  extraordinary  rights,  privileges,  and  exemptions 
not  enjoyed  by  each  of  the  companies  consolidating  under  their  re- 
spective charters:  And  provided,  further,  That  all  such  agreements, 
and  all  parts  of  them,  shall  at  all  times  be  subject  to  amendment, 
alteration,  or  repeal  by  the  Legislature. 

Of  other  Pail  road  Corporations. 

Sec.  23.  A railroad  corporation  may  aid  in  the  construction  of  any 
branch  or  connecting  railroad  within  the  limits  of  this  State,  whether 


9 


connecting  by  railroad  or  steamboat  lines,  by  subscribing  for  shares 
of  stock  in  such  corporation,  or  of  any  steamship  line  connecting  the 
terminus  of  such  railroad  company  with  any  port  of  the  United 
States,  or  by  taking  its  notes  or  bonds,  to  be  secured  by  mortgage  or 
otherwise,  as  the  parties  may  agree,  and  shall  be  entitled  to  vote  on 
all  shares  of  stock  so  subscribed  for  and  held. 

Of  Issuing  Bonds. 

Sec.  24.  No  railroad  corporation  which  has  previously  issued  bonds 
shall  subsequently  make  or  execute  any  mortgage  npon  its  road 
equipment,  and  franchise,  or  any  of  its  property,  real  or  personal, 
without  including  in  and  securing  by  such  mortgage  all  bonds  pre- 
viously issued  and  all  pre-existing  debts  and  liabilities  of  the  corpo- 
ration. 

Of  Proxies. 

Sec.  25.  No  proxy  shall  be  valid  unless  executed  and  dated  within 
six  months  previously  to  the  meeting  at  which  it  is  used.  No  person 
shall  as  proxy  or  attorney  cast  more  than  one  hundred  votes,  unless 
all  the  shares  so  represented  by  him  are  owned  by  one  person.  No 
salaried  officer  of  the  corporation  shall  vote  as  proxy  or  attorney. 
An  officer  of  a railroad  corporation,  who  violates  any  of  the  provis- 
ions of  this  section,  shall  for  each  ofienee  forfeit  and  pay  a fine  of 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred  dol- 
lars. 


Annual  Peports  of  Bailroads. 

Sec.  26.  Time  of  filiDg.  | Sec.  27.  Rules  and  form. 

Sec.  26.  The  several  railroad  companies  chartered  by  this  State 
shall  be  required  to  file  in  the  office  of  the  Railroad  Commissioner 
on  or  before  the  31st  day  of  August  in  each  and  every  year,  a full 
and  detailed  schedule  and  report  of  the  condition  and  operations  of 
such  road  for  the  current  year  ending  on  the  30th  day  of  June  then 
immediately  preceding. 

Sec.  27.  The  Schedule  and  Report  so  required  shall  be  made  in  ac- 
cordance with  the  following  rules,  and  in  the  following  form: 

I.  All  liabilities  (including  interest  accrued  on  funded  debt)  shall 
be  entered  upon  the  books  in  the  month  when  they  are  incurred, 
without  reference  to  date  of  payment. 

II.  Expenses  shall  be  charged  each  month  with  such  supplies, 
materials,  etc.,  as  have  been  used  during  that  month,  Avithout  refer- 
ence to  the  time  when  they  were  purchased  or  paid  for. 


10 


III.  No  expenditure  shall  be  charged  to  property  accounts,  except 
it  be  for  actual  increase  in  construction,  equipments  or  other  pro- 
perty, unless  it  is  made  on  old  work  in  such  a way  as  to  clearly  in- 
crease the  value  of  the  property  over  and  above  the  cost  of  renewing 
the  original  structures,  etc.  In  such  cases,  only  the  amount  of  in- 
creased cost  shall  be  charged,  and  the  amount  allowed  on  account  of 
the  old  work  shall  be  stated. 

IV.  Mileage  of  passenger  and  freight  trains  shall  include  only  the 
miles  shown  to  be  run  by  distances  between  stations;  allowances 
made  to  passenger  or  freight  trains  for  switching,  and  all  mileage  of 
switching  engines  computed  on  a basis  of  eight  miles  per  hour  for  the 
time  of  actual  service  shall  be  stated  separately. 

V.  Season-ticket  passengers  shall  be  computed  on  the  basis  of 
twelve  (12)  passengers  per  week  for  the  time  of  each  ticket. 

VI.  Local  traffic  shall  include  all  passengers  carried  on  local  tickets, 
and  all  freight  carried  at  local  tariff  or  special  local  rates.  All  other 
traffic  shall  be  considered  through. 


11 


ANNUAL  REPORT 

OF  THE 

RAILROAD  COMPANY, 

For  the  Year  ending  June  30 th,  18... 


Officers  and  Offices  of  the  Company. 


Officers. 

Names. 

Address. 

9 

Proper  address  of  the  Company. 


Names  of  Directors. 

Residence. 

Names  of  Directors. 

Residence. 





■ 

12 


Capital  Stock. 


A mount  a nthori  zed 

Amount  subscribed 

f Common 

Amount  paid  in  - 

( Preferred 

('  Common 

Amount  held  in  South  Carolina  - 

( Preferred 

Par  value  of  shares 

Number  of  stockholders  residing  in  S.  C.. 
Whole*  niimbfiT*  of  stockholders 

i 

Assets  and  Liabilities. — Assets. 

Cost  of  construction  June  30,  18 

Cost  of  construction  since  June  30,  18. 

Cost  of  equipment  June  30,  18 

Cost  of  equipment  since  June  30,  18... 
Total  cost  of  road  and  equipment.. 

Cost  of  road  per  mile 

Cost  of  equipment  per  mile 

Cost  of  road  and  equipment  per  mile.. 

Other  investments 

Cash 

Other  assets 


Total  assets. 


13 


Liabilities. 

Capital  stock  paid  in 

Capital  stock  paid  in  per  mile 

Funded  Debt — Guaranteed  bj  State. 


Name  of  Bonds. 

Where 
and  When 
Payable. 

Date 

of 

Issue. 

Rate 

of 

Interest. 

When 

Interest 

'Payable. 

Amount. 

Total 

Funded  Debt — Not  Guaranteed  by  State. 


Name  of  Bonds. 

Where 
and  When 
Payable. 

Date 

of 

Issue. 

Rate 

of 

Interest. 

When 

Interest 

Payable. 

Amount. 

Total 

Total  amount  of  funded  del 
Floating  debt 

)t 

O 1 

Total  debt, 

Bonds  guarantee 
Over-due  intere 
Profit  and  loss. 

}d  by  this  Company  ora  lien  on  its  road 
st  on  same 

Other  liabilities 

Total  liabil 
Total  debt  per  1 
Stock  and  debt 

ities 

per  mile 

Profit  and  Loss. 


Dr. 


Cr. 


14 


Earnings  and  Expenses. — Earnings. 


Months. 

1 

I 

Passengers. 

Mails. 

Other 

Sources: 

Passenger 

Department. 

jo 

Fre 

ght. 

Total. 

Total 

per 

Month. 

Local. 

Thrgh. 

Local. 

Thrgh. 

18... 

July 

August... 

Sept 

... 

October.. 

Novem... 



Decern. . . 

18... 

January. 
Febru’ry 
March  . . . 

April 1 

Mav i 

June 

Totals. 

1 

1 

Total  earnings  per  mile  of  road 

Total  earnings  per  train  mile 

Earnings  passenger  department  per  mile  of  road 
Earnings  passenger  department  per  train  mile... 

Earnings  freight  department  per  mile  of  road 

Earnings  freight  department  per  train  mile.. 


15 


Expenses. 


Months. 

Maintenance  of  Way 
and  Buildings. 

Maintenance  of  Motive 
Power  and  Cars. 

Conducting  Transpor- 
tation. 

General  Expenses. 

Total  General  Ex- 
penses. 

Totals. 

Taxes. 

Other  General 
Expenses. 

In  S.  C. 

In  Ga. 

b 

£ 

c 
1 — 1 

18 

July 

August 

September 

October 

November  .... 

December 

18 

January 

1 

February  

March  

April 

May 

June 

Totals 

1 

Total  per  mile  of  road 
Total  per  train  mile.... 


Total  earnings 

Total  expenses 

Net  earnings 

Other  income 

Total  net  income 

Interest  paid  during  year 

Interest  falling  due  during  year  but  not  paid 

Rental  paid  during  year 

Rental  falling  due  but  not  paid 

Other  payments  from  net  income 

Balance 

Dividends 


16 


Date  of  last  dividend  declared — 

Surplus 

Surplus  at  commencement  of  year. 

Total  surplus 

Total  income 

Total  income  per  mile  of  road 

Total  income  per  train  mile 

Net  earnings  per  mile  of  road 

Net  earnings  per  train  mile 


Description  of  Road. 


When  chartered 

If  your  road  has  been  consolidated  with  any  other  or  others,  state 
when  the  branches  were  chartered  and  when  the  consolidation  oc- 
curred. 


When  present  charter  expires 

When  road  opened  for  public  use. 


Year. 

From. 

To. 

Miles. 



Total 


17 


Length  of  Road — Miles. 


In  Operation. 

Constructed. 

Main  Line. 

Branches. 

Sidings. 

Total. 

6 1 

G 1 cO 

* I t 

I 1 I 

g 1 

zp 

ZC 

WI.’ 

o 

Total  ...  

i 

! 

In  S.  C... 

. 

V.  i 

! 

i i 

Rolling  Scock — Number.  Employees. 


Kind  of  train  brake  in  use  on  your  road 

Number  of  locomotives  equipped  with  train  brakes 

Number  of  cars  equipped  with  train  brakes 

Number  of  miles  of  steel  rail 

Number  of  miles  of  steel  rail  in  South  Carolina 

Number  of  miles  of  steel  rail  laid  since  June  30,  18 

Number  of  miles  of  steel  rail  laid  in  South  Carolina  since  June  30, 

18 

Number  of  bridges  : Iron Wooden Combination 

Number  of  bridges  built  since  June  30.  18  : Iron 

W ooden Combination 

Aggregate  length  of  bridges:  Iron Wooden Combination 

Number  of  trestles 

Aggregate  length  of  trestles 

What  signal  is  given  when  crossing  highway 

Number  of  crossings  of  highway:  At  grade Under Over 

Number  of  crossings  of  highway  without  sign 

Gauge 

Carrying  capacity  of  freight  cars. 

2 EL 


pounds. 


cubic  feet. 


18 


Mileage , Traffic , &c. 

Mileage. 

Miles  run  by  passenger  trains 

Miles  run  by  freight  trains 

Miles  run  by  other  trains 

Total  train  mileage 

Transportation. 

Passengers — number  carried,  Local 

Through 

Total 

Local  passenger  mileage 

Through  passenger  mileage 

Total  passenger  mileage,  or  number  carried  one  mile 

Average  amount  received  for  each 

Average  amount  per  mile  for  each*. 

Freight — Tons  carried,  Local 

Through 

Total 

Local  freight  mileage  or  number  of  tons  local  freight  carried  one 
mile 

Through  freight  mileage  or  number  of  tons  through  freight  carried 
one  mile 

Total  freight  mileage  or  tons  carried  one  mile 

Average  amount  received  for  each  ton  local  freight 

Average  amount  received  for  each  ton  through  freight 

Average  amount  received  for  each  ton  through  and  local  freight 

o C'  o 

Average  rate  per  ton  per  mile  local  freight 


19 


Average  rate  per  ton  per  mile  through  freight 

Average  rate  per  ton  per  mile  all  freight 

Charge  for  loading  and  unloading  freight  trains 

Speed  of  passenger  trains  per  hour 

Speed  of  freight  trains  per  hour.., 

Failure  of  passenger  trains  to  meet  schedule  time  at 
junctions  and  termini 

Average  weight  of  passenger  trains 

Average  number  of  cars  in  passenger  trains 

Average  weight  of  freight  trains 

Average  number  of  cars  in  freight  trains 


Tonnage  of  Freight  Carried. 


Articles. 

Tons. 

Per  Cent. 

drain  

Flour 

Bacon 

Other  provisions 

Lumber 

Cotton  in  bales — Number  of  bales 

Live  stock 

Fertilizers 

Iron,  lead,  and  mineral  products 

Merchandise 

Stone,  brick,  lime,  &c 

Articles  not  enumerated  above 

Total  freight  carried 

a detailed  account  of  all  train  accidents: 


20 


o 

-ji 


Cj 


CH 


C4^ 

O 


o 


Total. 

•UOTJITBJ) 
jo  juuav  jo  jo  up 
-uoosijy  uavo  Ag 

•po.infuj 

— 

■P»IU5I 

■[OJJUQO 
jioqj  puoAog 
sosmij)  uio.ig 

•po.infuj 

— 

■P9111N 

Others. 

•uoijiybq 
jo  juuav  jo  jonp 
-uoosijy  uavo  Ag 

•po.infuj 

'P9II15I 

JOJJUOQ 

jioqj  puoAog 
sosuuq  luo.xg 

•pojnfuj 

•p9m2 

Employees. 

■UOljn'BQ 
jo  juuav  jo  jonp 
-uoosijy  uavo  Ag 

•pojnfuj 

_ 

•p9lllN 

qo.rjuoo 
jioqj  puoAog 
sosnuQ  uio.ig 

•po.infuj 

•pins 

Passengers. 

•uoijnuQ 
10  juuav  jo  jonp 
-uoosij\r  uavo  Ag 

•pojnfuj 

'P9111N 

•pojnfuj 

-4- 

qojjuoQ 
jioqj  puoAog 
sosuuq  iuojg 

■P9II15I 

© 

o 


* 

_o 

pq  j Number  of  Accident. 


21 


Total— Killed 


Injured 


Stock  Killed. 


Date. 

Train. 

Kind  Stock. 

Amount  Paid. 

If  not  Paid,  state  Why. 

Total 


22 


Future  Prospects  of  Road  and  General  Remarks. 


Sworn  to  and  subscribed  before  me,  this 
18 


President, 
day  of. 


[L.  S-] 


Against  Discrimination  by  Railroads. 


Sec. 

2S.  Like  and  contemporaneous  service — con- 
tinuous carriage. 

29.  Rebate  and  drawback. 

30.  Continuous  carriage. 

31.  As  to  distance. 

32.  Schedules  to  be  kept  accessible  for  in- 

spection— what  to  contain. 

33.  Application  of  Act  to  property,  &o., — 

continuous  carriage. 

Sec.  28.  It  shall  be  unlawful  for  any  person  or  persons  engaged 
alone  or  associated  with  others  in  the  transportation  of  property  by 
railroad  within  the  limits  of  this  State,  directly  or  indirectly  to  charge 
or  receive  from  any  person  or  persons  any  greater  or  less  rate  or 
amount  of  freight,  compensation,  or  reward  than  is  charged  to  or 
received  from  any  other  person  or  persons  for  like  and  contempora- 
neous service  in  the  carrying,  receiving,  delivering,  storing,  or  hand- 
ling of  the  same  articles  of  the  same  character  and  description.  And 


3L  Consignee  may  demand  itemized  state- 
ment of  charges. 

| 35.  Refusal  to  give  statement  a misde- 
meanor ; penalty. 

36.  To  settle  according  to  contract : penalty. 

37.  Classification  of  cotton — common  car- 

rier may  demand  weights. 

I 38.  Injury  to  baggage;  penalty.  (See  " Of 
connecting  roads.") 


23 


all  persons  engaged  as  aforesaid  shall  furnish,  without  discrimination, 
the  same  facilities  for  the  carriage,  receiving,  delivery,  storage,  and 
handling  of  all  property  of  like  character  carried  by  him  or  them, 
and  shall  perform  with  equal  expedition  the  same  kind  of  services 
connected  with  the  contemporaneous  transportation  thereof  as  afore- 
said. Xo  break,  stoppage,  or  interruption,  nor  any  contract,  agree- 
ment, or  understanding,  shall  be  made  to  prevent  the  carriage  of  any 
property  from  being  and  being  treated  as  one  continuous  carriage,  in 
the  meaning  of  this  Act,  from  the  place  of  shipment  to  the  place  of 
destination,  unless  such  stoppage,  interruption,  contract,  arrange- 
ment, or  understanding  was  made  in  good  faith  for  some  practical 
and  necessary  purpose,  without  any  intent  to  avoid  or  interrupt  such 
continuous  carriage,  or  to  evade  any  of  the  provisions  of  this  Act. 

Sec.  29.  It  shall  be  unlawful  for  any  person  or  persons  engaged  in 
the  transportation,  shipment,  or  receiving  of  property  as  aforesaid, 
directly  or  indirectly  to  allow  or  receive  any  rebate,  drawback,  or 
other  advantage,  in  any  form,  upon  shipments  made  or  services  ren- 
dered or  received,  as  aforesaid,  by  him  or  them. 

Sec.  30.  It  shall  be  unlawful  for  any  person  or  persons  engaged  in 
the  carriage,  receiving,  storage,  or  handling  of  property  as  men- 
tioned in  the  twenty-eighth  Section  of  this  Act,  to  enter  into  any 
combination,  contract,  or  agreement,  by  changes  of  schedule,  car- 
riage in  different  cars,  breaking  car-loads  into  less  than  car-loads,  or 
by  any  other  means,  with  intent  to  prevent  the  carriage  of  such 
property  from  being  continuous  from  the  place  of  shipment  to  the 
place  of  destination,  whether  carried  on  one  or  several  railroads. 

Sec.  31.  It  shall  be  unlawful  for  any  person  or  persons  engaged  in 
the  transportation  of  property,  as  provided  in  the  twenty-eighth 
Section  of  this  Act,  to  charge  or  receive  any  greater  compensation 
for  carrying,  receiving,  storing,  forwarding,  or  handling  articles  of 
the  same  character  and  description  for  a shorter  than  for  a longer 
distance  in  one  continuous  carriage ; and  the  road  of  a corporation 
shall  include  all  the  road  in  use  by  such  corporation,  whether  owned 
or  operated  under  a contract  or  lease  by  such  corporation  : Provided , 
That  nothing  in  this  Act  contained  shall  be  construed  so  as  to  re- 
quire any  corporation  or  combination  of  corporations,  to  regulate 
their  charges  for  shorter  distances  by  their  proportion  of  through 
rates  between  terminal  or  junctional  competitive  points. 

Sec.  32.  All  persons  engaged  in  carrying  property,  as  provided  in 
the  twenty-eighth  Section  of  this  Act,  shall  adopt  and  keep  always 
accessible  for  public  inspection,  schedules,  which  shall  plainly  state : 

First , The  different  kinds  and  classes  of  property  to  be  carried. 

Second , The  different  stations  or  places  within  this  State  upon  the 


24 


line  of  such  road,  or  other  roads,  within  this  State  connecting  there- 
with, and  with  which  it  has  business  relations,  between  which  such 
property  shall  be  carried. 

Third,  The  rates  of  freight  and  prices  of  carriage,  for  given  dis- 
tances over  such  road  or  roads  and  for  all  services  connected  with 
the  receiving,  delivery,  loading,  unloading,  storing,  or  handling  the 
same,  so  that  the  rates  and  prices  between  such  stations  and  places 
can  always  be  known  and  ascertained  therefrom. 

Such  schedules  may  be  changed,  front  time  to  time,  as  hereinafter 
provided.  Copies  of  such  schedules  shall  be  printed  in  plain,  large 
type,  and  shall  be  kept ^al ways  accessible  for  public  inspection  in  at 
least  ttvo  places  in  every  depot  where  freights  are  received  or  de- 
livered; and  no  such  schedule  shall  be  changed  in  any  particular,  ex- 
cept by  the  substitution  of  another  schedule  containing  the  specifica- 
tions above  required,  which  substituted  schedule  shall  plainly  state 
the  time  when  it  shall  go  into  effect,  and  copies  of  which,  printed  as 
aforesaid,  shall  be  lodged  at  the  depots  aforesaid  at  least  five  days 
before  the  same  shall  go  into  effect;  and  the  same  shall  remain  in 
force  until  another  schedule  shall,  as  aforesaid,  be  substituted.  And 
it  shall  be  unlawful  for  any  person  or  persons  engaged  in  carrying 
property  on  railroads  as  aforesaid,  after  thirty  days  after  the  passage 
of  this  Act.  to  charge  or  receive  more  or  less  compensation  for  the 
carriage,  receiving,  delivery,  loading,  unloading,  handling,  or  storing 
of  any  of  the  property  contemplated  by  the  twenty-eighth  Section 
of  this  Act,  than  shall  be  indicated  in  such  schedule  as  may  at  the 
time  be  in  force. 

Sec.  33.  Each  and  all  of  the  provisions  of  this  Act  shall  apply  to 
all  property,  and  the  receiving,  delivery,  loading,  unloading,  hand- 
ling, storing,  or  carriage  of  the  same  on  one  actually  or  substantially 
continuous  carriage,  or  as  part  of  such  continuous  carriage,  as  pro- 
vided for  in  Section  28  of  this  Act  ; and  the  compensation  therefor, 
whether  such  property  be  carried  wholly  on  one  railroad  or  partly 
on  several  railroads,  and  whether  such  services  are  performed  or 
compensation  paid  by  or  to  one  person  alone  or  in  connection  with 
another  or  other  persons. 

Sec.  34.  Whenever  any  article  or  articles  of  freight  shall  be  shipped 
to  any  point  within  the  limits  of  this  State,  whether  shipped  from  a 
point  beyond  the  limits  of  this  State  or  not.  it  shall  and  may  be  law- 
ful for  the  consignee  or  consignees  of  said  article  or  articles  to 
demand  and  receive  from  the  agent  or  agents  of  the  railroad  company 
delivering  the  same,  and  before  the  payment  of  any  charges  upon  the 
same,  a full  and  correct  statement  of  said  charges,  showing  the  total 
amount  to  be  paid  b}-  said  consignee  or  consignees,  together  with  the 


25 


proportion  of  the  same  to  be  paid  to  each  road  over  which  or  any 
part  of  which  said  freight  may  have  passed,  whether  such  road  be 
beyond  the  limits  of  this  State  or  not:  Provided,  That  it  be  within 
the  power  of  such  agent  or  agents  so  to  do. 

Sec.  35.  It  shall  be  a misdemeanor  for  any  railroad  agent  to  refuse 
to  give  any  consignee  or  consignees  the  information  set  forth  in  the 
preceding  Section;  and  upon  conviction  thereof  in  any  Court  of 
competent  jurisdiction,  he  shall  be  fined  in  a sum  not  to  exceed  one 
hundred  dollars,  nor  to  be  less  than  ten  dollars,  or  be  imprisoned  from 
five  to  thirty  days. 

Sec.  36.  In  all  cases  the  railroad  company  delivering  freights  to 
consignees  shall  be  required  to  settle  their  freight  charges  according 
to  the  contract  as  set  forth  in  the  bill  of  lading  from  the  shipping 
point,  and  they  are  hereby  forbidden  to  retain  the  article  of  freight 
after  the  consignee  offers  and  is  ready  and  willing  to  comply  with 
the  terms  of  said  bill  of  lading.  For  violating  this  Section  the  pen- 
alties shall  be  the  same  as  prescribed  in  Section  35  for  the  offences 
therein  set  forth. 

Sec.  37.  On  and  after  the  passage  of  this  Act  all  cotton  packed  in 
bales  transported  by  common  carriers  within  the  limits  of  this  State 
shall  be  classed  as  “heavy  goods that  is  to  say,  an  article  to  be  weighed 
and  charged  for  and  treated  accordingly : Provided , That  any  com- 
mon carrier,  before  receiving  such  cotton  for  shipment,  shall  have  the 
right  to  demand  from  the  shipper  the  weights  of  the  several  bales 
thereof,  and  to  adopt  the  same  as  the  weights  upon  which  freight  is 
to  be  charged,  and  in  case  of  loss  no  recovery  shall  be  had  by  any 
shipper  for  a greater  amount  than  the  weights  so  furnished  to  him. 

Sec.  38.  Any  baggage  master  or  other  person  whose  duty  it  is  to 
handle,  remove,  or  take  care  of  the  baggage  of  passengers,  who  shall 
wilfully  or  recklessly  injure  or  destroy  any  trunk,  valise,  box,  pack- 
age or  parcel,  while  loading,  transporting,  unloading,  delivering,  or 
storing  the  same,  shall  be  punished  by  a fine  not  exceeding  fifty 
dollars,  or  imprisonment  not  exceeding  thirty  days. 

Railroad  Commissioner. 


Sec. 

39.  Election  of  Railroad  Commissioner. 
Salary.  Commissioner  may  be  sus- 
pended by  Governor.  Vacancy  in  office; 
how  tilled.  Oath  of  office.  Term  of  in- 
cumbent. 

40.  May  employ  Clerk.  Contingent  fund. 

41.  Expenses;  how  borne.  Assessment; 
how  made  and  collected. 

42.  Commissioner  and  Clerk  to  be  trans- 
ported free  on  official  business.  May 
take  experts. 


Sec. 

43.  To  have  general  supervision  of  railroads 
and  railways  operated  by  steam. 

44.  To  give  notice  to  corporation  of  viola- 
tion of  law  or  charter. 

45.  To  give  notice  of  necessary  repairs  and 
modification  of  rates  of  fare. 

4G.  To  investigate  complaint  of  Mayor  and 
County  Commissioners. 

47.  Commissioner  to  investigate  accidents. 

48.  Corporation  to  furnish  information  on 
request. 


26 


Sec. 

49.  No  advice  or  request  of  Commissioner 
to  impair  legal  duties  and  obligations 
of  corporation. 

50.  Commissioner  to  make  Annual  Keport. 

51.  Railroads  to  make  reports  to  Commis- 
sioner. Defective  report  to  be  amended 
in  fifteen  days. 

52.  Pooling  contracts  to  be  submitted  to 

Commissioner.  I 

53.  May  subpoena  witnesses.  Pay  of  wit- 
nesses. Clerk  to  approve  accounts  of 
witnesses.  Penalty. 


Sec. 

51.  Penalty  for  wilfully  refusing  or  neglect- 
ing to  give  information,  4c. 

55.  May  propound  interrogatories  additional 
to  schedule  and  report, 

5fi.  To  examine  books,  &c.,  on  application 
of  a Director,  ,tc. 

57.  May  examine  and  copy  list  of  Stock- 
holders. 

58.  Penalty  for  refusing  to  submit  books  for 

examination. 


Sec.  39.  The  Railroad  Commissioner  shall  be  elected  by  the  joint 
vote  of  the  General  Assembly,  and  his  term  of  office  shall  be  for  two 
years,  and  until  his  successor  shall  be  elected  and  shall  qualify.  The 
first  election  for  Railroad  Commissioner  under  this  Act  shall  be  held 
at  the  session  of  the  General  Assembly  next  preceding  the  expiration 
of  the  term  of  the  present  incumbent.  The  salary  of  the  Railroad 
Commissioner  shall  be  at  the  rate  of  twenty-one  hundred  dollars  per 
annum,  to  be  paid  from  the  treasury  of  the  State  in  the  manner 
prescribed  by  law  for  the  salaries  of  other  State  officers.  The  Rail- 
road Commissioner  may  be  suspended  from  office  by  order  of  the 
Governor,  who  shall  report  such  suspension,  with  his  reasons  there- 
for, to  the  General  Assembly  at  next  session  ; and  if  a majority 
of  the  votes  of  each  branch  of  the  General  Assembly  shall  so  de- 
clare, the  Railroad  Commissioner  shall  be  forthwith  removed  from 
office,  and  his  office  shall  be  declared  vacant.  All  vacancies  in 
the  office  of  Railroad  Commissioner  shall  be  filled  by  the  Governor 
in  the  same  mode  as  vacancies  in  State  offices  are  filled.  The  Com- 
missioner shall  take  the  oath  of  office  provided  by  the  Constitu- 
tion, and  the  oath  against  duelling,  and  in  addition  thereto  shall 
take  and  subscribe  an  oath,  that  he  is  not.  either  jointly  or  severally, 
or  in  any  manner,  the  holder  of  the  stock  or  bonds  or  other  obliga- 
tions of  any  railroad,  or  the  agent  or  employee  of  any  railroad  com- 
pany, or  interested  in  any  way  or  manner  in  any  railroad  ; and  the 
Commissioner  shall  not,  during  his  term  of  office,  either  jointly  or 
severally,  or  in  any  way,  be  the  holder  of  the  bonds,  stock,  or  other 
obligations  of  any  railroad,  or  the  agent  or  employee  of  any  rail- 
road company,  or  have  any  interest,  in  any  way  or  manner,  in  any 
railroad,  and  [shall]  so  continue  during  the  entire  period  of  his  term; 
and  in  case  the  Commissioner  becomes  disqualified  in  any  way.  he 
shall  within  ten  days  thereafter  remove  the  disqualification  or  resign, 
and  on  failure  so  to  do,  the  said  office  shall  become  ipso  facto  vacant, 
and  the  Governor  shall  thereupon  proceed  to  fill  such  vacancy  in  the 
manner  hereinbefore  provided.  In  any  case  of  suspension,  the  Gov- 
ernor may  fill  the  vacancy  until  the  suspended  Commissioner  is 


27 


restored  or  removed  : Provided , however,  That  until  the  first  election 
under  this  Act,  and  the  qualification  of  the  person  elected  Railroad 
Commissioner  at  such  election,  the  present  Railroad  Commissioner 
shall  be  invested  with  all  the  authority,  and  shall  discharge  all  the 
duties  of  Railroad  Commissioner  prescribed  in  this  Act.  and  this  Act 
shall,  in  all  respects,  apply  to  the  said  Railroad  Commissioner,  and  to 
the  office  of  Railroad  Commissioner,  as  if  the  said  Railroad  Commis- 
sioner had  been  elected  under  the  provisions  of  this  Act. 

Sec.  40.  The  Commissioner  shall  be  furnished  with  an  office,  neces- 
sary furniture  and  stationery,  and  may  employ  a secretary  or  clerk, 
at  a salary  of  twelve  hundred  dollars,  to  be  paid  in  like  manner  as 
other  salaries  provided  for  in  this  Act.  The  office  of  said  Commis- 
sioner shall  be  kept  in  Columbia,  and  all  sums  of  money  authorized 
to  be  paid  by  this  Act  out  of  the  State  Treasury  shall  be  paid  only  on 
the  warrant  of  the  Comptroller  General : Provided,  That  the  total 
sum  to  be  expended  by  said  Commissioner  for  office  rent,  furniture, 
stationery,  and  for  procuring  books,  maps,  and  statistics,  and  def’ray- 
ing  expenses  incidental  and  necessary  to  the  discharge  of  the  duties 
of  his  office,  shall  in  no  case  exceed  the  sum  of  five  hundred  dollars, 
(8500,)  and  two  hundred  dollars  for  office  rent,  or  so  much  thereof  as 
may  be  necessary,  per  annum. 

Sec.  41.  The  entire  expenses  of  the  Railroad  Commissioner,  includ- 
ing all  salaries  and  expenses  of  every  kind,  shall  be  borne  by  the 
several  corporations  owning  or  operating  railroads  within  this  State, 
according  to  their  gross  income  proportioned  to  the  number  of  miles 
in  this  State,  to  be  apportioned  by  the  Comptroller  General  of  the 
State,  who,  on  or  before  the  first  day  of  October  in  each  and  every 
year,  shall  assess  upon  each  of  said  corporations  its  just  proportion 
of  such  expenses,  in  proportion  to  its  said  gross  income  for  the  cur- 
rent year  ending  on  the  thirtieth  day  of  June  next  preceding  that 
on  which  the  said  assessment  is  made  ; and  the  said  assessment  shall 
be  charged  up  against  the  said  corporations  respectively,  under  the 
order  and  direction  of  the  Comptroller  General,  and  shall  be  collected 
by  the  several  County  Treasurers,  in  the  manner  provided  by  law  for 
the  collection  of  taxes  from  such  corporations,  and  shall  be  paid  by 
the  said  County  Treasurers,  as  collected,  into  the  Treasury  of  the 
State,  in  like  manner  as  other  taxes  collected  by  them  for  the  State. 

Sec.  42.  The  Commissioner  and  his  Secretary  shall  be  transported 
free  of  charge  when  in  the  performance  of  the  duties  of  his  office 
concerning  railroads,  over  all  railroads  and  railroad  trains  in  this 
State;  he  may  take  with  him  experts,  or  other  agents,  whose  services 
he  maj7  deem  to  be  temporarily  of  importance,  and  wTho  shall  in  like 
manner  be  transported  free  of  charge. 


28 


Sec.  43  The  Commissioner  shall  have  the  general  supervision  of 
all  railroads  and  railways  in  this  State  opei'ated  by  steam,  and  shall 
examine  the  same  and  keep  himself  informed  as  to  their  condition 
and  the  manner  in  which  they  are  operated,  with  reference  to  the 
security  and  accommodation  of  the  public  and  the  compliance  of  the 
several  corporations  with  the  provisions  of  their  charters  and  the 
laws  of  the  State;  and  the  provisions  of  this  Act  shall  apply  to  all 
railroads  and  railways,  and  to  the  corporations,  trustees,  receivers,  or 
others  owning  or  operating  the  same. 

Sec.  44.  Whenever,  in  the  judgment  of  the  Railroad  Commissioner, 
it  shall  appear  that  any  such  corporation  has  violated  any  law.  or 
neglected,  in  any  respect  or  particular,  to  comply  with  the  terms  of 
its  charter,  or  with  the  provisions  of  any  of  the  laws  of  the  State, 
especially  in  regard  to  the  connections  with  other  railroads,  the  rates 
of  toll,  and  the  time  schedule,  he  shall  give  notice  thereof  in  writing 
to  such  corporation,  and  if  the  violation  or  neglect  is  continued  after 
such  notice,  the  Commissioner  shall  make  application  to  a Circuit 
Court,  or  a Judge  thereof,  in  vacation,  for  an  injunction  to  restrain 
the  com  pan}'  complained  of  from  further  continuing  to  violate  the 
law  or  the  terms  of  its  charter. 

Sec.  45.  Whenever,  in  the  judgment  of  the  Railroad  Commissioner, 
it  shall  appear  that  repairs  are  necessary  upon  any  such  railroad,  or 
that  any  addition  to  the  rolling  stock,  or  any  enlargement  of.  or  im- 
provement in,  the  stations  or  station  houses,  or  any  modification  in 
the  rates  of  fare  for  transporting  freight  or  passengers,  or  any  change, 
in  the  mode  of  operating  the  road  and  conducting  its  business,  is  rea- 
sonable and  expedient  in  order  to  promote  the  security,  convenience, 
and  accommodation  of  the  public,  he  shall  give  information  in  writ- 
ing to  the  corporation  of  the  improvements  and  changes  which  he 
adjudges  to  be  proper;  and  if  the  said  company  shall  fail,  within 
sixty  days,  to  adopt  the  suggestions  of  said  Commissioner,  he  shall 
take  such  legal  proceedings  as  he  may  deem  expedient,  and  shall  have 
authority  to  call  upon  the  Attorney  General  to  institute  and  conduct 
such  proceedings. 

Sec.  46.  Upon  the  complaint  and  application  of  the  Mayor  and 
Aldermen  or  Council  of  any  city,  town,  or  Board  of  County  Commis- 
sioners of  any  County,  within  which  any  part  of  any  such  railroad  is 
located,  it  shall  be  the  duty  of  the  Railroad  Commissioner  to  make  an 
examination  of  the  condition  and  operation  thereof.  Before  proceed- 
ing to  make  such  examination  in  accordance  with  such  application, 
said  Commissioner  shall  give  to  the  applicants  and  the  railroad  corpo- 
ration reasonable  notice,  in  writing,  of  the  time  and  place  of  entering 
upon  the  same.  If,  upon  such  examination,  it  shall  appear  to  the 


29 


Commissioner  that  the  complaint  alleged  by  the  applicant  is  well 
founded,  he  shall  so  adjudge,  and  shall  inform  the  corporation  opera- 
ting such  railroad  of  his  adjudication,  in  the  same  manner  as  is  pro- 
vided in  Section  44  of  this  Act ; and  the  company  failing  for  sixty 
days  after  such  notice  to  remove  the  cause  of  such  complaint,  he  shall 
make  report  thereof  to  the  General  Assembly  for  such  action  as  it 
may  deem  expedient;  or  if  there  be  necessity  for  prompt  action, 
he  may  take  such  legal  proceedings  as  may  be  proper,  and  the  At- 
torney General  shall  institute  and  conduct  such  proceedings. 

Sec.  47.  The  Railroad  Commissioner  shall  investigate  the  causes  of 
anj'  accident  on  a railroad  resulting  in  loss  of  life,  and  of  any  accident 
not  so  resulting  which,  in  his  judgment,  shall  require  investigation. 

Sec.  48.  Every  railroad  corporation  shall,  at  all  times,  on  request, 
furnish  the  Railroad  Commissioner  any  information  required  by  him 
concerning  the  condition,  management,  and  operation  of  its  railroad, 
and  particularly  with  copies  of  time  tables  and  also  with  the  rates  for 
transporting  freight  and  passengers  upon  its  road  and  other  roads 
with  which  its  business  is  connected. 

Sec.  49.  ISTo  request  or  advice  of  the  Railroad  Commissioner  shall 
have  the  effect  to  impair,  in  any  manner  or  degree,  the  legal  duties 
and  obligations  of  any  railroad  corporation  or  its  legal  liability  for 
the  consequence  of  its  acts,  or  of  the  neglect  or  mismanagement  of 
any  of  its  agents  or  servants. 

Sec.  50.  The  Railroad  Commissioner  shall  made  an  annual  report 
to  the  Legislature  of  his  official  acts,  including  such  statements,  facts, 
and  explanations  as  will  disclose  the  actual  working  of  the  system  of 
railroad  transportation  in  its  bearing  upon  the  business  and  prosperity 
of  the  State  ; and  such  suggestions  as  to  the  general  railroad  policy  of 
the  State,  or  as  to  any  part  thereof,  or  as  to  the  condition,  affairs,  or 
conduct  of  any  of  the  railroad  corporations,  as  may  seem  to  him  ap- 
propriate, with  a special  report  of  all  accidents,  and  the  causes  thereof, 
for  the  preceding  year. 

Sec.  51.  The  Commissioner  shall  require  the  annual  reports  to  be 
made  by  railroad  companies  in  manner  and  form  and  at  the  time  pro- 
vided for  herein,  and  shall  be  authorized  to  require  reports  to  be  made 
of  such  other  matters  as  he  may  deem  expedient ; and  he  may  from 
time  to  time  make  such  changes  as  he  may  deem  proper,  in  the 
form  of  report  herein  prescribed,  giving  the  corporations  one  year’s 
notice  of  any  such  changes  or  additions  as  require  any  alteration  in 
the  method  or  form  of  keeping  their  accounts;  and  the  Commissioner 
shall,  on  or  before  the  first  day  of  June  in  each  year,  furnish  to  the 
several  railroads  blank  forms  of  such  reports.  When  the  report  re- 
ceived from  any  corporation  is  defective,  or  probably  erroneous,  the 


30 


Commissioner  shall  notify  the  corporation  to  amend  the  same  within 
fifteen  days.  The  Commissioner  shall  prepare  such  tables  and  ab- 
stracts of  all  the  returns  he  shall  deem  expedient,  and  his  annual  re- 
port shall  be  transmitted  to  the  Governor  of  the  State  on  or  before 
the  second  Monday  in  November  in  each  year,  to  be  laid  before  the 
Legislature.  The  originals  of  the  report  or  reports,  as  amended, 
subscribed,  and  sworn  to  by  the  officers  of  the  corporation,  shall  be 
preserved  in  the  office  of  the  Commissioner. 

Sec.  52.  All  contracts,  agreements,  or  arrangements  of  any  and 
every  nature  made  or  entered  into  by  any  railroad  company  or  com- 
panies doing  business  in  this  State,  for  the  pooling  of  earnings  of  any 
kind,  with  any  other  railroad  company  or  companies,  shall  be  forth- 
with submitted  by  the  said  railroad  companies  to  the  Commissioner 
for  his  inspection  and  approval,  so  far  as  they  may  be  affected  by 
any  of  the  provisions  contained  in  this  Act,  for  securing  to  all  per- 
sons just,  equal,  and  reasonable  facilities  for  transportation  of  freight 
and  passengers;  and  if  the  said  contracts,  agreements,  or  arrange- 
ments shall,  in  the  opinion  of  the  Commissioner,  in  any  way  be  in 
violation  of  any  of  the  provisions  of  this  Act,  the  Commissioner  shall 
forthwith  notify  the  said  railroad  companies  in  writing  of  his  objec- 
tions thereto,  specifying  such  objections;  and  if  the  said  railroad 
companies  shall  fail  or  neglect,  within  five  days  after  such  notice,  to 
amend  and  alter  such  contract,  agreement,  or  arrangement  in  a man- 
ner satisfactory  to  the  Commissioner,  the  Commissioner  shall  there- 
upon call  upon  the  Attorney  General  to  institute  and  conduct  such 
legal  proceedings  as  may  be  necessary  to  enforce  the  penalties  pre- 
scribed in  this  Act  for  such  violations  of  its  provisions. 

Sec.  53.  The  Railroad  Commissioner  in  making  any  examination 
for  the  purpose  of  obtaining  information  pursuant  to  this  Act,  shall 
have  power  to  issue  subpoenas  for  the  attendance  of  witnesses  by  such 
rules  as  he  may  prescribe,  and  said  witnesses  shall  receive  for  such 
attendance  such  fees  as  are  now  prescribed  by  law  for  witnesses  in 
civil  cases,  and  five  cents  per  mile  travelled,  by  the  nearest  practica- 
ble route,  in  going  to  and  returning  from  the  place  to  which  sum- 
moned by  the  Commissioner,  to  be  paid  by  the  Commissioner,  out  of 
the  contingent  fund  hereinbefore  provided,  upon  presentation  of  sub- 
poenas sworn  to  by  the  witnesses  as  to  the  number  of  days  served 
and  miles  travelled  before  the  clerk  of  the  Commissioner,  who  is 
hereby  authorized  to  administer  such  oaths,  and  who  shall  approve 
such  accounts.  In  case  any  person  shall  wilfully  fail  or  refuse  to 
obey  such  subpoena,  it  shall  be  the  duty  of  the  Judge  of  the  Circuit 
Court  of  any  County,  upon  application  of  the  Commissioner,  to  issue  an 
attachment  for  such  witness  and  compel  him  to  attend  before  the 


31 


Commissioner  and  give  his  testimony  upon  such  matters  as  shall  be 
lawfully  required  by  the  Commissioner,  and  said  Judge  shall  have 
power  to  punish  for  contempt. as  in  other  cases  of  refusal  to  obey  the 
process  and  order  of  said  Court. 

Sec.  54.  Every  officer,  agent,  or  employee  of  any  railroad  company 
who  shall  wilfully  neglect  or  refuse  to  make  and  furnish  any  report 
required  by  the  Commissioner  as  necessary  to  the  purposes  of  this 
Act,  or  who  shall  wilfully  and  unlawfully  hinder,  delay,  or  obstruct 
the  Commissioner  in  the  discharge  of  the  duties  hereby  imposed 
upon  him,  shall  forfeit  and  pay  a sum  not  less  than  one  hundred  nor 
more  than  five  thousand  dollars  for  each  offence,  to  be  recovered  in 
an  action  of  debt  in  the  name  of  the  State,  by  the  Attorney  General, 
upon  the  request  of  the  Commissioner. 

Sec.  55.  The  Commissioner  may  make  and  propound  to  any  of  the 
railroad  companies  of  this  State  any  interrogatories  additional  to 
those  contained  in  the  Schedule  and  Report  hereinbefore  provided, 
which  shall  be  answered  by  such  companies  in  the  same  manner. 

Sec.  56.  On  the  application  in  writing  of  a Director,  or  of  any  per- 
son or  persons  owning  one-fiftieth  part  of  the  entire  paid-in  capital 
stock  of  any  corporation  operating  a railroad,  or  the  bonds  or  other 
evidences  of  indebtedness  of  such  corporation  equal  in  amount  to 
one-fiftieth  part  of  its  paid-in  capital  stock,  the  Railroad  Commis- 
sioner shall  make  an  examination  into  the  books  and  financial  condi- 
tion of  said  corporation. 

Sec.  57.  The  Railroad  Commissioner  shall  further  have,  at  all  times, 
access  to  the  list  of  stockholders  of  every  corporation  operating  a 
railroad,  and  may,  in  his  discretion,  at  any  time,  cause  the  same  to  be 
copied,  in  whole  or  in  part,  for  his  own  information  or  for  the  infor- 
mation of  persons  owning  stock  in  such  corporation. 

Sec.  58.  A corporation  refusing  to  submit  its  books  to  the  examina- 
tion of  the  Railroad  Commissioner  shall  he  liable  to  the  penalties  pro- 
vided in  Section  54  of  this  Act  in  the  case  of  the  neglect  or  refusal  to 
make  a report  or  return. 


Of  Connecting  Railroads. 


See. 

59.  Discrimination  against  connecting  road 

by  refusing  or  neglecting  to  deliver 
freight. 

60.  Discrimination  in  favor  of  or  against 

one  connecting  road  against  another 
by  refusing  to  receive  freight  or  to 
issue  bills  of  lading  at  equal  rates. 


See. 

61.  Discrimination  in  favor  of  or  against 

connecting  road  in  rates. 

62.  Meaning  of  term  “railroad  company.” 

Limitation  upon  power  of  company 
to  bar  provisions  of  Act. 

(See  “Against  discrimination  by  railroads.”) 


Sec.  59.  It  shall  not  he  lawful  for  any  railroad  company,  chartered 
by  this  State,  to  discriminate  against  any  railroad  company  which 


32 


may  connect  with  it,  either  at  one  of  its  terminal  stations,  or  at  any 
intermediate  point  on  its  line,  where  said  companies  have  stations  and 
agents  established,  by  neglecting  or  refusing  to  deliver  with  due  dili- 
gence to  said  connecting  road,  in  the  yard  or  on  the  track  of  the 
same,  all  cars  wholly  or  partly  loaded  with  freight  consigned  to  points 
on  said  connecting  road,  or  to  points  beyond  its  line;  but  in  all  cases 
where  freight  is  to  be  delivered  to  a connecting  road  .to  complete  its 
transportation,  such  delivery  shall  be  made  by  the  railroad  which 
brought  the  freight  to  the  connecting  point,  and  no  additional  charge 
shall  be  made  therefor:  Provided,  however.  That  said  delivering  road 
may  demand  of  its  connections  full  payment  of  all  charges  which 
have  accrued  thereon,  on  or  before  delivery  of  said  freight  on  the 
tracks  or  in  the  yard  of  its  connecting  road. 

Sbc.  GO.  It  shall  not  be  lawful  for  any  railroad  company,  chartered 
by  this  State,  to  discriminate  in  favor  of  or  against  any  railroad  com- 
pany which  may  connect  with  it,  either  at  one  of  its  terminal  stations 
or  at  an  intermediate  point  on  its  line,  where  said  companies  have 
stations  and  agents  established,  as  against  any  other  railroad  eompanv 
whieli  may  connect  with  it,  at  the  same  station  or  point,  by  refusing 
either  to  receive  freight  for  shipment,  or  to  issue  through  bills  of 
lading,  at  equal  rates  of  freight  for  the  same,  to  any  one  given  desti- 
nation reached  by  any  or  all  of  such  connecting  roads,  or  their  con- 
nections, for  which  freight  is  received,  or  through  bills  of  lading  are 
issued,  to  be  forwarded  by  any  other  of  such  connecting  roads  at  the 
same  point:  Provided,  however,  It'  anyone  of  said  connections  shall 
refuse  to  transport  freight  from  its  own  terminus  to  the  ultimate  des- 
tination of  said  freight,  at  the  same  rate  as  is  charged  by  any  other 
connections  at  the  same  point,  then  the  initial  road  shall  be  released 
from  the  provisions  of  this  Section,  and  the  said  connecting  road  shall 
not  be  entitled  to  the  benefit  of  its  provisions. 

Sec.  61.  It  shall  not  be  lawful  for  any  railroad  company,  chartered 
by  this  State,  to  discriminate  in  its  rates  of  freight  in  favor  of  or 
against  any  railroad  company  which  may  connect  with  it.  either  at 
one  of  its  terminal  stations,  or  at  any  intermediate  point  on  its  line; 
but  in  all  cases  the  charges  on  freight  of  the  same  character,  having 
the  same  original  point  of  shipment  and  the  same  destination,  shall 
be  uniform  to  and  from  all  lines  making  connection  with  the  said  rail- 
road at  the  same  point. 

Sec.  62.  In  the  construction  of  Sections  59.  60,  and  61  of  this  Act. 
the  term  railroad  company,  chartered  by  this  State,  shall  be  held  t" 
mean  each  railroad  company  holding  its  franchise  under  a separate 
charter  granted  by  this  State;  and  no  ownership  of  shares  of  the 
capital  stock  of  one  corporation  by  another  corporation,  nor  anv 


33 


lease,  contract,  or  other  agreement  between  corporations  or  individ- 
uals, shall  operate  as  a bar  to  the  provisions  of  this  Act:  blit  each 
corporation  so  chartered  shall  deal  with  all  its  connections  at  any  one 
point  on  the  same  terms,  and  shall  afford  the  like  usual  customary 
facilities  for  the  interchange  of  freight  between  all  of  its  connections 
at  the  same  point;  and  any  contract,  combination,  joint  ownership, 
or  joint  management,  contrary  to  the  provisions  of  this  Act,  shall  be 
null,  void,  and  of  no  effect. 


Running  Trains  on  Sunday. 


Sec. 

63.  General  prohibition — Cars  loaded  with 
animals  miy  he  unloaded. 

64.  What  trains  may  be  run. 


Sec. 

0.3.  Trains  delayed  by  accident,  <fcc. 
60.  Penalty. 


Sec.  63.  From  and  after  the  passage  of  this  Act,  it  shall  be  unlaw- 
ful for  any  railroad  corporation  or  persons  owning  or  controlling  rail- 
roads operating  in  this  State,  to  load  or  unload,  or  permit  to  be  loaded 
or  unloaded,  or  to  run  or  permit  to  be  run.  on  Sunday,  any  locomotive, 
cars,  or  trains  of  cars,  moved  by  steam  power,  except  as  hereinafter 
provided,  and  except  to  unload  cars  loaded  with  animals. 

Sec.  64.  It  shall  be  lawful  for  said  corporations,  or  persons,  to  run 
on  said  day  their  regular  mail  trains  and  such  construction  or  other 
trains  rendered  necessary  by  extraordinary  emergencies  other  than 
those  incident  to  freight  or  passenger  traffic. 

Sec.  65.  It  shall  be  lawful  for  any  train  running  by  a schedule  made 
in  conformity  with  the  provisions  of  this  Act,  but  delayed  by  accident 
or  other  unavoidable  circumstance,  to  be  run  until  it  reaches  the  point 
at  which  it  is  usual  for  it  to  rest  upon  a Sunday. 

Sec.  66.  For  a wilful  violation  of  the  provisions  of  Sections  63,  64, 
and  65  of  this  Act,  the  railroad  company  so  offending  shall  forfeit 
to  the  State  five  hundred  dollars,  to  be  collected  in  any  Court  of  com- 
petent jurisdiction. 


Cruelty  to  Animals. 


Sec. 

67.  Cars  not  to  be  overloaded — -Animals  not 
to  be  confined  longer  than  twenty-eight 
consecutive  hours — Animals  to  be  cared 
for;  penalty. 


j Sec. 

68.  Meaning  of  “animal,”  “ owner,”  “per- 
son,” and  “whoever” — Act  of  agent  the 
act  of  corporation. 


Sec.  67.  No  railroad  company  in  the  carrying  or  transportation  of 
animals  shall  overload  the  cars  nor  permit  the  animals  to  be  confined 
in  cars  for  a longer  period  than  twenty-eight  consecutive  hours  with- 
out unloading  the  same  for  rest,  water,  and  feeding,  unless  prevented 
from  so  unloading  by  storm  or  other  accidental  causes.  In  est  m iting 
3 EL 


34 


such  confinement,  the  time  during  which  the  animals  have  been  con- 
fined without  such  rest  on  connecting  roads  from  which  they  are 
received  shall  be  included,  it  being  the  intent  of  this  Act  to  prohibit 
their  continuous  confinement  beyond  the  period  of  twenty-eight 
hours,  except  upon  contingencies  hereinbefore  stated.  Animals  so 
unloaded  shall  be  properly  fed,  watered  and  sheltered  during  such 
rest  by  the  owner  or  the  person  having  the  custody  thereof  or  in 
case  of  his  default  in  so  doing,  then  by  the  railroad  company  trans- 
porting the  same,  at  the  expense  of  the  owner  or  the  person  in  cus- 
tody thereof;  and  the  said  company  shall,  in  said  case,  have  a lien 
upon  said  animals  for  food,  care,  and  custody  furnished,  and  shall  not 
be  liable  for  any  detention  of  such  animals  authorized  by  this  Act. 
Any  company,  owner,  or  custodian  of  such  animals,  who  shall  fail  to 
comply  with  the  provisions  of  this  Section,  shall,  for  each  and  every 
such  offence,  be  liable  for  and  forfeit  and  pay  a penalty  of  not  less 
than  fifty,  nor  more  than  five  hundred  dollars,  to  be  paid  to  the 
State  Treasury:  Provided , however,  That  when  animals  shall  be  car- 
ried in  cars  in  which  they  can  and  do  have  proper  food,  water,  space, 
and  opportunity  for  rest,  the  foregoing  provisions  in  regard  to  their 
being  unloaded  shall  not  apply. 

Sec.  68.  In  Section  67  of  this  Act  the  word  “animal”  or  •■animals" 
shall  be  held  to  include  all  brute  creatures;  and  the  words  “owner.” 
“person,”  and  “whoever”  shall  be  held  to  include  corporations  as  well 
as  individuals;  and  the  knowledge  and  acts  of  agents  of  and  persons 
employed  by  corporations  in  regard  to  animals  transported,  owned, 
or  employed  by  or  in  the  custody  of  such  corporations,  shall  be  held 
to  be  the  acts  and  knowledge  of  such  corporation. 


Regulations  for  Preventing  Accidents. 


Sec. 

69.  Formation  of  trains. 

70.  Train  to  be  stopped  before  crossing  an- 
other track. 

71.  What  signals  to  be  given  at  highway 
crossings. 

72.  Signboards  to  be  used  at  crossings — 
what  to  contain. 

73.  Conductors  and  other  employees  on  pas- 
senger trains  to  wear  badges. 

74.  Passenger  cars  to  stop  at  stations. 

75.  County  Commissioners  to  examine  cross- 
ings— to  give  notice  to  officer  or  agent. 

76.  What  notice  to  contain. 

77.  Stationary  flagman  to  be  placed  at  cross- 
ing when  required. 

78.  Company  may  claim  a revision  of  the 
action  of  the  Railroad  and  County  Com- 
missioners. Court  may  appoint  Civil 
Engineer  to  examine. 


Sec. 

79.  Company  to  construct  crossing  or  sta- 
tion flagman. 

80.  County  Commissioners  to  report  to  Clerk 
of  Court.  Compensation  of  Commission- 
ers and  Civil  Engineer. 

81.  County  Commissioners  to  keep  record. 

S2.  Company  to  provide  rooms  for  passen- 
gers. # 

83.  Provisions  when  trains  are  behind  time. 

S4.  County  Commissioners  to  require  sign 
boards  to  be  placed  at  crossings. 

85.  Penalty  for  neglect  by  County  Commis- 
sioners. 

S6.  Corporation  to  construct  and  repair 
bridges  and  crossings.  Highway  laid 
out  after  road  is  completed. 

(See  Section  123.) 


Sec.  69.  In  forming  a passenger  train,  baggage,  or  freight,  or  merchandise, 
or  lumber  cars,  shall  not  be  placed  in  rear  of  passenger  cars. 


35 


Sec.  70.  Whenever  any  railroad  crosses  the  track  of  any  other  railroad,  it 
shall  be  the  duty  of  the  engineer,  or  person  in  control  of  the  train,  besides  giv- 
ing the  signals  required  to  be  given  near  all  crossings,  to  bring  the  train  to  a 
full  or  complete  stop  before  crossing  the  said  track;  the  same  rule  to  apply  to 
the  running  of  a locomotive  by  itself  without  train. 

Sec.  71.  A hell  of  at  least  thirty  pounds  weight  and  a steam  whistle  shall 
be  placed  on  each  locomotive  engine,  and  such  bell  shall  be  rung,  or  such 
whistle  sounded  by  the  engineer  or  fireman,  at  the  distance  of  at  least  five  hun- 
dred yards  from  the  place  where  the  railroad  crosses  any  public  highway  or 
street,  or  travelled  place,  and  be  kept  ringing  or  whistling  until  the  engine  has 
crossed  such  highway  or  street  or  travelled  place ; and  if  such  engine  or  cars 
shall  be  at  a stand  still,  within  a less  distance  than  one  hundred  rods  of  such 
crossing,  such  bell  shall  be  rung,  or  such  whistle  sounded,  for  at  least  thirty 
seconds  before  such  engine  shall  be  moved ; and  shall  be  kept  ringing  or  sound- 
ing, until  such  engine  shall  have  crossed  such  public  highway,  or  street,  or 
travelled  place. 

Sec.  72  Every  railroad  corporation  shall  cause  boards  to  be  placed,  well  sup- 
ported by  posts  or  otherwise,  and  constantly  maintained,  across  each  public  road 
or  street,  where  the  same  is  crossed  by  the  railroad  on  the  same  level.  Said  board 
shall  be  elevated  so  as  not  to  obstruct  the  travel,  and  to  be  easily  seen  by  travel- 
lers. And  on  each  side  of  said  boards  shall  be  printed  in  large  letters  of  at 
least  the  size  of  nine  inches  each,  the  words,  “ Railroad  Crossing!  Look  out 
for  the  Car  while  the  hell  1'ings  or  the  whistle  sounds But  this  section  shall 
not  apply  to  streets  in  cities,  towns,  and  villages,  unless  the  corporation  be  re- 
quired to  put  up  such  boards  by  the  officers  having  charge  of  such  streets. 

Sec.  73.  Every  conductor,  baggage  master,  engineer,  brakeman,  or  other 
servant  of  any  railroad  corporation  employed  on  a passenger  train,  or  at  stations 
for  passengers,  shall  wear  on  his  hat  or  cap  a badge  which  shall  indicate  his 
office,  and  the  initial  letters  of  the  style  of  the  corporation  by  which  he  is  em- 
ployed. No  conductor  or  collector  without  such  badge  shall  have  any  author- 
ity to  meddle  or  interfere  with  any  passenger,  his  baggage,  or  property.  And 
it  is  the  duty  of  said  railroad  corporation  to  see  that  such  badges  as  aforesaid 
are  worn. 

Sec.  74.  Every  railroad  company  in  this  State  shall  cause  all  its  trains  of 
cars  for  passengers  to  entirely  stop  upon  each  arrival  at  a station,  advertised  bv 
such  company  as  a station  for  receiving  passengers  upon  such  trains,  for  a time 
sufficient  to  receive  and  let  off  passengers. 

Sec.  75.  The  County  Commissioners  of  the  respective  Counties  in  this  State 
shall,  hereafter,  at  least  once  in  every  year,  examine  all  the  railroad  crossings 
of  the  public  highways  in  this  State  outside  of  the  corporate  limits  of  cities, 
towns,  and  villages;  and  if  they  find  that  any  of  the  said  crossings,  within  the 
right  of  way  of  any  railroad  company,  are  unsafe  as  to  the  lives  of  persons,  or 
as  to  the  protection  of  property,  they  shall  forthwith  give  written  notice  thereof 
to  any  officer  or  agent  of  the  railroad  within  said  County. 


36 


Sec.  76.  Said  County  Commissioners,  in  said  notices,  shall  point  out  the 
location  of  the  crossing  considered  by  them  unsafe,  and  shall  indicate  how  and 
in  what  manner  such  crossing  shall  be  constructed  so  as  to  secure  safety ; and 
shall  have  power  to  require  such  construction  to  be  made  within  sixty  days. 

Sec.  77.  The  Railroad  Commissioner  shall  have  authority,  upon  the  appli- 
cation of  the  County  Commissioners,  if  he  deems  it  necessary,  require  any  rail- 
road corporation  to  have  a stationary  flagman  at  any  crossing,  the  importance 
of  which  may  demand  it. 

Sec.  78.  The  said  Railroad  Company,  after  receiving  such  notice,  and  with- 
in ten  days  after  such  reception,  may  apply  to  the  Circuit  Court  of  the  respec- 
tive Circuit  in  which  such  crossing  is  situated,  or  to  a Judge  thereof  if  the 
Court  be  not  in  session,  and  claim  a re-examination  of  thd  said  locality,  and  a 
revision  of  the  action  of  the  said  Railroad  Commissioner,  and  the  said  Court  or 
Judge,  as  the  case  may  be,  shall  forthwith  appoint  some  civil  engineer,  not  con- 
nected with  any  railroad,  to  examine  into  the  matter  forthwith,  and  he  may 
■ either  affirm  the  demand  of  said  Railroad  Commissioner,  or  modify  it.  and  his 
determination  shall  be  final. 

Sec.  79.  All  Railroad  Companies  shall,  within  the  time  indicated  as  afore- 
said, by  the  Railroad  Commissioner  or  County  Commissioners,  as  the  case  may 
be,  or  within  the  time  given  by  the  said  civil  engineer  to  said  corporation  upon 
re-examination,  maintain  and  construct  said  crossing  in  the  manner  demanded 
of  them  by  said  County  Commissioners  or  civil  engineer,  or  station  a flagman, 
if  such  should  be  required,  at  the  locality  where  such  has  been  found  necessary, 
as  aforesaid. 

Sec.  80.  The  County  Commissioners  shall  make  a report  of  their  yearlv  ex- 
amination to  the  Clerk  of  the  Court  of  Common  Pleas  for  such  Countv.  which 
■is  to  be  laid  before  the  said  Court,  together  with  a copy  of  all  notices  given  bv 
them  as  aforesaid ; and  they  shall  be  allowed  compensation  by  the  County  for 
,any  services  rendered  under  this  Act,  at  the  same  rate  per  day  as  is  provided 
for  other  services  rendered  by  them ; and  the  said  civil  engineer,  appointed  as 
aforesaid,  shall  also  be  paid  a reasonable  compensation  for  his  services  by  the 
said  County.  If  the  recommendations  of  such  Commissioners  are  not  in  whole 
-or  in  part  adopted,  then  the  Railroad  Company  shall  pay  the  compensation  of 
such  engineer. 

Sec.  81.  The  County  Commissioners  shall  keep  a record  of  the  duties  per- 
formed, and  copies  of  notices  served  under  the  provisions  of  this  Act.  which 
shall  become  a part  of  the  records  of  their  office. 

Sec.  82.  That  every  Railroad  Company  owning  or  operating  a railroad  in 
this  State  shall  erect  and  keep  at  every  office  where  tickets  are  sold  for  travel 
over  its  road,  two  good  rooms  or  apartments  of  reasonable  size  for  the  amount  of 
travel  at  such  office,  which  shall  be  furnished  with  comfortable  seats  for  the 
accommodation  of  passengers.  Such  rooms  to  be  in  charge  of  an, employee  of 
such  company,  and  kept  open  at  such  hours  as  to  accommodate  passengers 


37 


travelling  over  such  road  on  any  of  its  passenger  trains ; and  it  shall  be  the  duty 
of  the  Railroad  Commissioner  to  enforce  the  provisions  of  this  Section. 

Sec.  83.  That  whenever  any  passenger  train  on  any  railroad  in  this  State 
shall  be  more  than  one-half  or  one  hour  behind  its  schedule  time,  it  shall  be  the 
duty  of  such  Railroad  Company  to  keep  posted  at  every  telegraph  station  along 
its  line  the  time  such  train  is  behind  its  schedule,  and  shall  change  such  bulle- 
tin every  half-hour  until  such  train  arrives  ; stating  therein  the  time  which 
such  train  is  behind  and  the  hour  at  which  it  is  expected  to  arrive  : Provided. 
That  such  bulletins  shall  not  be  required  to  be  posted  at  any  station  until  one- 
half  hour  before  the  regular  schedule  time  at  which  such  train  is  to  arrive  at 
the  station  at  which  such  bulletin  is  required  to  be  kept. 

Sec.  84.  It  shall  be  the  especial  duty  of  the  County  Commissioners  to  see 
that  sign  boards,  as  prescribed  in  this  Act,  are  at  all  times  properly  put  up  at 
railroad  crossings. 

Sec.  85.  If  any  of  the  County  Commissioners  neglect  or  fail  to  comply  with 
any  of  the  provisions  of  this  Act  applicable  to  County  Commissioners,  the 
County  Commissioner  so  offending  shall  be  liable  to  be  indicted  for  neglect  of 
duty,  and  on  conviction,  lined  in  a sum  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  and  as  a part  of  the  judgment  his  office  shall 
be  declared  vacant. 

Sec.  86.  Every  railroad  corporation  shall,  at  its  own  expense,  construct,  and 
afterwards  maintain  and  keep  in  repair,  all  bridges,  with  their  approaches  or 
abutments,  which  it  is  authorized  or  required  to  construct  over  or  under  any 
turnpike  road,  canal,  highway,  or  other  way  ; and  any  city  or  cown  may  re- 
cover of  the  railroad  corporation  whose  road  crosses  a highway  or  townway 
therein,  all  damages,  charges,  and  expenses  incurred  by  such  city  or  town  by 
reason  of  the  neglect  or  refusal  of  the  corporation  to  erect  or  keep  in  repair  all 
structures  required  or  necessary  at  such  crossing;  but  if,  after  laying  out  and 
making  of  a railroad,  the  County  Commissioners  have  authorized  a turnpike, 
highway,  or  other  way,  to  be  laid  out  across  the  railroad,  all  expenses  of  and 
iuc-ident  to  constructing  and  maintaining  the  turnpike  or  way  at  such  crossing 
shall  be  borne  by  the  turnpike  corporation,  or  the  County,  city,  town,  or  other 
owner  of  the  same. 


Regulations  relating  to  the  Eguipment  of  Cars  and  Trains. 


See. 

87.  Brakes  to  be  attached  to  cars. 

88.  Trains  to  be  equipped  with  tools. 


Sec. 

89.  Lighting  cars.  Stoves  to  be  fastened 
in  place. 


Sec.  87.  Every  railroad  corporation  shall  cause  a good  and  sufficient  brake 
to  be  attached  to  every  car  used  upon  its  railroad  for  the  transportation  of  pas- 
sengers, and  to  every  car  used  for  the  transportation  of  freight,  except  four- 
wheeled  freight  cars  used 'only  for  that  purpose;  and  shall  cause  to  be  stationed 
on  every  passenger  train  trusty  and  skilful  brakemen,  equal  in  number  at  least 


38 


to  one  for  every  two  cars  in  the  train,  except  on  passenger  trains,  where  power 
brakes  are  used,  and  one  such  hrakeman  upon  the  last  car  of  every  freight 
train,  which  must  always  be  equipped  with  a good  and  sufficient  brake. 

Sec.  88.  Every  railroad  corporation  shall  equip  each  of  its  trains,  for  use 
in  case  of  accident,  with  such  tools  and  appliances  as  the  Railroad  Commis- 
sioner may  direct. 

Sec.  89.  No  passenger  cars  on  any  railroads  shall  be  lighted  by  naphtha,  or 
by  any  illuminating  oil  or  fluid,  made  in  part  of  naphtha,  or  wholly  or  in  part 
from  coal  or  petroleum,  or  other  substance  or  material  which  will  ignite  at  a 
temperature  of  less  than  three  hundred  degrees  Fahrenheit.  And  all  stoves 
shall  be  securely  fastened  to  their  places.  Any  railroad  corporation  which  vio- 
lates the  provisions  of  this  Section  shall  forfeit  a sum  not  exceeding  five  hun- 
dred dollars. 


Accommodation  for  Passengers. 


See. 

90.  Corporation  to  proride  for  the  conve- 
nience and  safety  of  passengers. 


Sec. 

91.  Cheeks  to  be  given  for  baggage  in  good 
shipping  order,  on  request. 


Sec.  90.  Every  railroad  corporation  shall  furnish  reasonable  accommodations 
for  the  convenience  and  safety  of  passengers ; and  for  every  wilful  neglect  to 
provide  the  same,  shall  forfeit  not  less  than  five  nor  more  than  twenty  dollars, 
to  be  recovered  in  an  action  against  such  corporation. 

Sec.  91.  Every  railroad  corporation,  when  requested,  shall  give  checks  to 
passengers  for  their  baggage  when  delivered  for  transportation  in  good  shipping 
order,  and  shall  re-deliver  the  same  to  the  passengers  upon  the  surrender  of 
their  checks.  Any  corporation  which  wilfully  refuses  to  comply  with  the  pro- 
visions of  this  Section  shall  forfeit  ten  dollars  for  each  offence. 


Explosive  Compounds. 


Sec. 

92.  Above  certain  amounts  prohibited  on 
passenger  trains,  etc.  To  be  marked. 
Commissioner  to  make  rules  for  trans- 
portation of  explosive  compounds. 

93.  Precautions  by  persons  delivering  ex- 
plosive compounds  for  transportation. 

94.  Penalty. 


See- 

95.  Trial  Justice  to  issue  search  warrant 
on  complaint. 

96.  Forfeited  when  seized. 

97.  Persons  injured  by  explosion,  may  re- 
cover damages. 

9S.  .Meaning  of  "explosive  compound.” 


Sec.  92.  No  railroad  corporation,  or  other  association,  co-partnership,  per- 
sons’ or  person,  engaged  in  the  transportation  of  passengers  within  this  State, 
shall  knowingly  transport  within  the  territorial  limits  of  this  State,  or  trans- 
port into  such  limits  for  sale,  storage,  or  use  therein,  any  explosive  compound 
in  quantities  exceeding  the  amounts  hereinafter  provided  for.  in  any  vehicle 
containing  passengers,  or  in  any  vehicle  attached  to  any  railroad  train  or  vehicle 
■conveying  passengers ; nor  in  any  case  uuless  the  said  explosive  compounds  be 
plainly  .and  legibly  marked  with  the  names  of  such  compounds,  and  the  words 


39 


“explosive — dangerous It  shall  be  the  duty  of  the  Railroad  Commissioner, 
from  time  to  time,  to  make  rules  fixing  the  maximum  amounts  of  various  ex- 
plosive compounds  which  may  be  so  carried  in  any  public  vehicle,  or  in  a rail- 
road train  containing  passengers,  or  in  a vehicle  attached  to  such  train.  The 
said  rules  shall  also  define  the  method  of  packing  such  compounds  to  ensure 
the  greatest  safety,  and  shall  prescribe  how  the  same  shall  be  carried  as  freight 
on  railroads,  steamboats,  and  by  common  carriers. 

Sec.  93.  No  person  shall  deliver  for  transportation  to  any  railroad  corpora- 
tion, street  railway  company,  or  other  association,  co-partnership,  persons  or 
person,  engaged  in  the  transportation  of  passengers  within  this  State,  or  take 
or  place  upon  or  in  any  car,  boat,  or  other  vehicle  of  any  such  corporation, 
company,  association,  co-partnership,  or  person,  with  intent  that  the  same  shall 
be  carried  or  transported  on  such  car,  boat,  or  other  vehicle,  any  explosive  com- 
pound mentioned  in  this  Act,  unless  the  same  is  packed  and  marked  as  herein 
provided,  and  notice  of  the  dangerous  nature  thereof  is  expressly  given  to  the 
agent,  servant,  or  person,  to  whom  it  is  delivered,  or  to  the  agent,  servant,  or 
person,  having  at  the  time  the  management  and  control  of  the  car,  boat,  or  other 
vehicle  in  or  upon  which  the  same  is  to  be  carried  or  transported.  And  any 
common  carrier  may  decline  to  receive  to  transport  any  such  explosive  com- 
pound in  any  manner  whatever. 

Sec.  94.  Whoever  knowingly  violates  or  knowingly  causes  or  permits  the 
violation  of  any  provision  of  the  two  preceding  Sections  (§§  92-93),  or  know- 
ingly transports,  or  causes  or  permits  the  transportation  of  any  explosive  com- 
pound, in  any  manner  other  than  in  conformity  with  the  rules  made  by  the 
Railroad  Commissioner,  shall  be  punished  by  a fine  of  not  less  than  fifty  nor 
more  than  five  thousand  dollars,  or  by  imprisonment  in  the  State  prison,  not 
exceeding  five  years. 

Sec.  95.  Upon  complaint  made  under  oath  to  a Trial  Justice,  that  the 
comp’ainant  has  probable  causa  to  believe,  and  does  believe,  that  an  explosive 
compound  is  had,  kept,  or  to  be  found,'  in  any  city,  town,  or  other  place  within 
the  jurisdiction  of  such  Justice,  by  any  railroad  corporation,  contrary  to  law,  a 
warrant  may  issue,  directed  to  the  Sheriff  of  the  County,  or  his  Deputy,  or  to 
any  Constable  of  such  city  or  town,  commanding  him  to  enter  any  building, 
vehicle,  ship,  or  other  vessel  specified  in  the  warrant,  and  there  make  diligent 
search  for  and  seize  such  explosive  compound,  and  to  make  return  of  his  doings 
to  said  Justice  forthwith. 

Sec.  96.  Any  explosive  compound  had,  kept,  or  transported  contrary  to  the 
provisions  of  this  Act,  and  seized  under  the  preceding  Section,  may  be  ad- 
judged forfeit,  after  due  notice  and  hearing,  and  may  be  ordered  to  be  destroyed 
in  such  manner  as  the  Court  or  Magistrate  may  direct. 

Sec.  97.  Any  person  who  may  suffer  injury  by  the  explosion  of  any  explo- 
sive compound  while  the  same  is  being  kept  or  transported  contrary  to  the 
provisions  of  this  Act,  or  the  ordinances,  rules,  or  by-laws  made  in  conformity 


40 


to  it,  may  recover  damages  for  the  injury  thus  sustained,  in  an  action  against 
the  parties  so  violating  the  provisions  of  this  Act,  or  the  ordinances,  rules,  or 
by-laws  made  in  conformity  herewith. 

Sec.  98  By  the  words  “explosive  compound,”  as  used  in  this  Act,  shall  be 
understood  either  gun-cotton,  nitro-glycerine,  or  any  other  compound  of  the 
same;  any  fulminate,  or  generally  any  substance  intended  to  be  used  by  ex- 
ploding or  igniting  the  same,  to  produce  a force  to  propel  missiles  or  to  rend 
apart  substance,  except  gunpowder. 

Damages  by  Fire.  Insurance. 

Sec.  99.  Every  railroad  corporation  shall  be  responsible  in  damages  to  any 
person  or  corporation  whose  buildings  or  other  property  may  be  injured  by  fire 
communicated  by  its  locomotive  engines,  or  originating  within  the  limits  of  the 
right  of  way  of  said  road  in  consequence  of  the  act  of  any  of  its  authorized 
agents  or  employees,  except  in  any  case  where  property  shall  have  been  placed 
on  the  right  of  way  of  such  corporation  unlawfully  or  without  its  consent,  and 
shall  have  an  insurable  interest  in  the  property  upon  its  route  for  which  it  may 
be  so  held  responsible,  and  may  procure  insurance  thereon  in  its  own  behalf. 

Opening  Hew  Roads. 

Sec.  100.  No  railroad,  branch,  or  extension  of  a railroad,  shall  hereafter  be 
opened  for  public  use  until  the  Railroad  Commissioner,  after  an  examination, 
certify  that  all  laws  relating  to  the  construction  thereof  have  been  complied 
with,  and  that  the  road  appears  to  be  in  a safe  condition  for  operation,  unless 
the  said  Commissioner  shall,  after  the  ten  days'  written  notice  to  him  by  the 
said  railroad  company  of  such  proposed  opening,  fail  to  make  such  examination 
and  certificate. 


Accommodations  regarding  Merchandise. 

Sec.  ) Sec. 

101.  Receipt  for  freight  to  be  given  when  102.  Freight  to  be  forwarded  according  to 
requested  at  time  of  delivery.  Liability  directions, 

of  corporation  for  loss  of  or  damage  to 
freight. 

Sec.  101.  Whenever  any  person  delivers  to  a railroad  corporation  for  trans- 
portation anyr  commodity  not  extra  hazardous  in  its  character,  such  corporation 
shall  give  to  the  shipper  thereof,  if  requested  at  the  time  of  the  delivery  of  such 
commodity,  a receipt  for  the  same,  describing  such  commodity,  or  the  marks 
and  numbers  on  packages  so  received  for  transportation,  and  no  additional 
charge  shall  be  made  for  giving  such  receipt.  Any  railroad  corporation  which 
refuses  to  give  such  receipt  shall  pay  to  the  person  entitled  to  the  same  the 
sum  of  fifty  dollars,  to  be  recovered  in  an  action  in  any  Court  of  competent 
jurisdiction.  In  case  of  the  loss  of,  or  damage  to,  any  article,  or  articles,  de- 


41 


livered  to  any  railroad  corporation  for  transportation  over  its  own  and  connect- 
ing roads,  the  initial  corporation,  or  corporation  first  receiving  the  same,  shall, 
in  every  case,  be  liable  for  such  loss  or  damage,  but  may  discharge  itself  from 
such  liability  by  the  production  of  a receipt,  in  writing,  for  the  said  article,  or 
articles,  from  the  corporation  to  whom  it  was  its  duty  to  deliver  such  article,  or 
articles,  in  the  regular  course  of  transportation.  In  which  event  the  said  con- 
necting road,  or  roads,  shall  be  severally  so  liable,  but  may  in  succession,  and 
in  like  manner,  discharge  itself,  or  themselves,  therefrom : Provided , however. 
That  if  either,  or  any,  of  the  said  railroad  corporations,  shall  wilfully  fail  or 
refuse,  upon  reasonable  demand  being  made  to  it  by  any  party  interested  in  the 
production  of  such  receipt,  to  produce  the  same,  then  it  shall  not  be  entitled  to 
claim  the  benefit  of  such  exemption  in  any  action  against  the  said  railroad  cor- 
poration to  render  it  liable  for  such  loss  or  damage. 

Sec.  102.  Every  railroad  corporation  shall  promptly  forward  merchandise 
consigned  or  directed  to  be  sent  over  another  road  connecting  with  its  road,  ac- 
cording to  the  directions  contained  thereon  or  accompanying  the  same,  and  shall 
not  receive  and  forward  over  its  road  any  merchandise  consigned,  ordered,  or 
expressly  directed  to  be  received  and  forwarded  by  a different  route. 


Offences,  and  Penalties  Therefor. 


See. 

103.  Loitering  in  station  houses,  Ac. 

104.  Conductors  and  agents  conservators  of 

the  peace. 

105.  Penalty  for  refusing  to  pay  fare. 

106.  Penalty  for  injuring  railroad  property. 

107.  Penalty  for  endangering  life. 

108.  Penalty  for  placing  obstructions  on 

track. 


Sec. 

109.  Penalty  for  obstructing  passage  of  en- 

gine or  cars. 

110.  Penalty  for  breaking,  entering,  or  firing, 

into  ears. 

111.  Penalty  for  injuring  electric  signals. 

1 12.  Engines  and  cars  not  to  be  attached 

within  forty-eight  hours  of  time  of 
departure,  unless,  Ac. 


Sec.  103.  Whoever,  without  right,  loiters  or  remains  within  any  station 
house  of  a railroad  corporation,  or  upon  the  platform  or  grounds  adjacent  to  such 
station,  after  being  requested  to  leave  the  same  by  any  railroad  officer,  shall 
forfeit  a sum  not  less  than  two  nor  more  than  twenty  dollars. 

Sec.  104.  Conductors  of  railroad  trains,  and  station  or  depot  agents,  are 
hereby  declared  to  be  conservators  of  the  peace,  and  they,  and  each  of  them, 
shall  have  the  same  power  to  make  arrests  that  Constables  now  have,  except 
that  the  conductors  shall  only  have  such  power  on  board  their  respective  trains, 
and  the  agents  at  their  respective  places  of  business ; and  the  said  conductors  and 
agents  may  cause  any  person  or  persons  so  arrested  by  them  to  be  detained  and 
delivered  to  the  proper  authorities  for  trial  as  soon  as  practicable. 

Sec.  105.  Whoever  fraudulently  evades  or  attempts  to  evade  the  payment  of 
any  toll  or  fare  lawfully  established  by  a railroad  corporation,  either  by  giving 
a false  answer  to  the  collector  of  the  toll  or  fare,  or  by  travelling  beyond  the 
point  to  which  he  has  paid  the  same,  or  by  leaving  the  train  without  having- 
paid  the  toll  or  fare  established  for  the  distance  travelled,  or  otherwise,  shall 


42 


forfeit  a sum  not  less  than  five  nor  more  than  twenty  dollars.  Whoever  does 
not  upon  demand  first  pay  such  toll  or  fare  shall  not  be  entitled  to  be  trans- 
ported for  any  distance. 

Sec.  106.  Whoever  wilfully  and  maliciously  injures  in  anyway  any  railroad 
or  any  thing  appertaining  thereto,  or  any  materials  or  implements  for  the  con- 
struction or  use  thereof,  or  aids  or  abets  in  such  trespass,  shall  forfeit  to  the  use 
of  the  corporation  for  each  offence  treble  the  amount  of  damages  proved  to  have 
been  sustained  thereby,  to  be  recovered  in  an  action  of  tort  in  the  name  of  the 
corporation ; and  may  further  be  punished  by  fine  not  exceeding  one  thousand 
dollars,  or  imprisonment  not  exceeding  one  year. 

Sec.  107.  Whoever  commits  any  of  the  acts  mentioned  in  the  preceding 
Section  [Section  106],  in  such  manner  as  thereby  to  endanger  life,  shall  be 
punished  as  provided  in  said  Section,  or  by  imprisonment  in  the  Penitentiary 
not  exceeding  twenty  years. 

Sec.  108.  If  any  person  or  persons  shall  by  himself  or  others  place,  or  cause 
to  be  placed,  on  the  track  or  other  part  of  the  passage  way  of  any  railroads  on 
which  steam  engines  or  hand  cars  are  used,  any  timber,  stone,  or  other  obstruc- 
tion, with  intent  to  injure  or  impede  the  passage  of  any  cars  or  means  of  con- 
veyance, or  shall  in  any  other  manner  obstruct  any  engine  or  car  passing  upon 
such  railroad,  or  endangers  the  safety  of  persons  combed  in  or  upon  the  same, 
or  aids  or  assists  therein,  such  person  or  persons  shall  be  deemed  guilty  of 
felony,  and  on  being  thereof  convicted  by  due  course  of  law,  shall  be  punished 
by  imprisonment  in  the  Penitentiary  for  not  exceeding  thirty  years,  and  fined 
in  the  discretion  of  the  Court,  except  where  the  death  of  some  human  being 
results  from  such  impediment,  and  in  that  case  the  offender  shall  be  adjudged 
guilty  of  murder  and  shall  suffer  death:  Provided.  That  nothing  herein  shall 
in  any  manner  take  away  any  right  of  action  for  damages  for  injuries  to  the 
person  or  property  of  any  person  or  body  corporate  caused  by  auy  injury,  ob- 
struction, or  damage  done  to  any  railroad  or  its  buildings,  tracks,  or  construc- 
tions. 

Sec.  109.  Whoever  wilfully  does  or  causes  to  he  done  anything  with  intent 
to  obstruct  any  engine  or  carriage  passing  upon  a railroad,  or  with  intent  to  en- 
danger the  safety  of  persons  conveyed  in  or  upon  the  same,  or  aids  or  assists 
therein,  shall  be  punished  by  imprisonment  in  the  State  Penitentiary  not  more 
than  five  years,  or  by  fine  not  exceeding  five  hundred  dollars  and  imprisonment 
in  the  County  jail  not  more  than  one  year,  and  shall  forfeit  to  the  use  of  the 
corporation  for  each  offence  treble  the  amount  of  damages  proved  to  have  been 
sustained  thereby,  .to  be  recovered  in  an  action  in  any  Court  of  competent  juris- 
diction. 

Sec.  110.  Whoever  breaks  aud  enters,  in  the  night-time,  any  railroad  car, 
or  enters  in  the  night-time  without  breaking,  or  breaks  and  enter*  in  the  day- 
time, or  shoots  with  any  fire-arm  into  any  railroad  car,  with  intent  to  commit 
the  crime  of  larceny  or  any  other  crime,  shall,  in  addition  to  any  other  punish- 


43 


ment  now  prescribed  by  law  for  such  offence,  be  punished  by  imprisonment  in 
the  State  Penitentiary  not  exceeding  ten  years,  or  by  a fine  not  exceeding  five 
hundred  dollars. 

Sec.  111.  Whoever  unlawfully  and  intentionally  injures,  molests,  or  de- 
stroys, any  of  the  electric  signals  of  a railroad  corporation,  or  any  of  the  lines, 
wires,  posts,  or  any  other  structure  or  mechanism  used  in  connection  with  such 
signals  on  any  railroad,  or  destroys,  or  in  any  way  interferes  with,  the  proper 
working  of  such  signals,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  shall  be  punished  by  a fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  not  exceeding  two  years,  or  both. 

Sec.  112.  Whenever  railroad  cars  and  engines  are  in  use  on  railroads  and 
making  regular  passages  thereon,  they  shall  not  be  attached  upon  mesne  pro- 
cess in  any  suit  within  forty-eight  hours  previous  to  their  fixed  time  of  depart- 
ure, unless  the  officer  making  such  attachment  shall  have  first  demanded  of  the 
owners  or  managers  of  such  engines  or  cars,  or  any  of  the  agents  of  such  rail- 
road, other  property  equal  in  value  to  the  ad  damnum  in  the  writ  upon  which 
to  make  such  attachment,  and  such  owners  or  managers  shall  have  refused  or 
neglected  to  comply  with  said  demand.  And  any  officer  making  such  attach- 
ment shall,  on  his  return  upon  the  process  upon  which  it  is  made,  certify  that 
he  has  made  such  demand  for  such  other  property,  and  that  such  demand  has 
been  refused  or  neglected ; otherwise  such  attachment  shall  be  wholly  void. 


Accidents , and  Responsibility  Therefor. 


See. 

113.  Notice  cf  accident  to  be  given  to  Rail- 
road Commissioner  within  twenty- 
four  hours,  and  also  to  physician. 

114.  Penalty  for  injury  from  carelessness  or 
neglect  of  any  agent  or  officer  of  cor- 
poration. 


Sec. 

115.  Penalty  for  gross  carelessness  or  neg- 
lect of  conductor  of  passenger  train. 

116.  Date  of  lien  of  judgment  in  action  for 
injury.  Action  to  commence  within 
twelve  months. 

117.  Penalty  for  injury  by  collision  at 
crossing. 


Sec.  113.  Every  railroad  corporation  shall  cause  immediate  notice  of  any 
accident  which  may  occur  on  its  road,  attended  with  injury  to  any  person,  to 
be  given  to  a physician  most  accessible  to  the  place  of  accident,  and  shall  also 
give  notice  within  twenty-four  hours  to  the  Railroad  Commissioner  of  any  such 
accident,  or  of  any  accident  falling  within  a description  of  accidents  of  which 
said  Commissioner  may  by  general  regulation  require  notice  to  be  given.  For 
each  omission  to  give  such  notice  the  corporation  shall  forfeit  a sum  not  ex- 
ceeding one  hundred  dollars. 

Sec.  114.  When  an  engineman,  fireman,  or  other  agent  or  officer  of  a rail- 
road corporation,  is  guilty  of  negligence  or  carelessness  whereby  an  injury  is 
done  to  any  person  or  corporation,  he  shall  be  punished  by  imprisonment  not 
exceeding  twelve  months,  or  by  a fine  not  exceeding  one  thousand  dollars. 

Sec.  115.  Whoever,  having  management  of,  or  control  over,  a railroad  train 
while  being  used  for  the  common  carriage  of  persons,  is  guilty  of  gross  care- 


44 


lessness  or  neglect  in  or  in  relation  to  the  management  or  control  thereof,  shall 
forfeit  a sum  not  exceeding  five  thousand  dollars,  or  be  imprisoned  not  more 
than  three  years. 

Sec.  116.  Whenever  a cause  of  action  shall  arise  against  any  railroad  cor- 
poration, for  personal  injury,  or  injury  to  property,  sustained  by  any  person  or 
persons,  and  such  cause  of  action  shall  be  prosecuted  to  judgment  by  person  or 
persons  injured,  or  his  or  their  legal  representatives,  said  judgment  shall  relate 
back  to  the  date  when  the  cause  of  action  arose,  and  shall  be  a lien  as  of  that 
date,  of  equal  force  and  effect  with  the  lien  of  employees  for  wages,  upon  the 
income,  property,  and  franchises  of  said  corporation,  enforeible  in  any  Court  of 
competent  jurisdiction,  by  attachment  or  levy  and  sale  under  execution, 
and  shall  take  precedence  and  priority  of  payment  of  any  mortgage,  deed  of 
trust,  or  other  security  given  to  secure  the  payment  of  bonds  made  by  said  rail- 
road company  : Provided,  Any  action  brought  under  this  Section  shall  be  com- 
menced within  twelve  mouths  from  the  time  that  said  injury  shall  have  been 
sustained. 

Sec.  117.  If  a person  is  injured  in  his  person  or  property  by  collision  witii 
the  engines  or  cars  of  a railroad  corporation  at  a crossing,  and  it  appears  that 
the  corporation  neglected  to  give  the  signals  required  by  this  Act.  and  that 
such  neglect  contributed  to  the  injury,  the  corporation  shall  be  liable  for  all 
damages  caused  by  the  collision,  or  to  a fine  recoverable  by  indictment,  as  pro- 
vided in  the  preceding  Section,  unless  it  is  shown  that,  in  addition  to  a mere 
want  of  ordinary  care,  the  person  injured,  or  the  person  having  charge  of  his 
person  or  property,  was,  at  the  time  of  the  collision,  guilty  of  gross  or  wilful 
negligence,  or  was  acting  in  violation  of  the  law  ; and  that  such  gross  or  wilful 
negligence  or  unlawful  act  contributed  to  the  injury. 

Crossings  of  one  Railroad  with  another , or  over  Navigable  Waters. 

Sec.  118.  No  railroad  shall  be  constructed  to  cross  another  railroad  at  the 
same  level  therewith,  or  across  navigable  or  tide  waters,  without  the  consent  in 
writing  of  the  Railroad  Commissioner,  and  in  such  manner  as  he  shall  prescribe. 
It  shall  be  unlawful  for  any  corporation  proceeding  to  construct  a branch  or 
extension,  or  otherwise  to  take  any  proceedings  contemplating  a new  crossing 
of  one  railroad  with  another,  at  the  same  level  therewith,  unless  such  crossing 
shall  first  have  been  approved  in  writing  by  the  Railroad  Commissioner;  and 
the  preliminary  approval  of  auy  plan  for  such  crossing  shall  always  be  made 
subject  to  revision  by  the  Commissioner.  And  the  Court  of  Common  Pleas  shall 
have  full  equity  jurisdiction,  on  information  filed  by  the  Attorney  General,  in 
case  of  anjr  violation  of  the  provisions  of  this  Section, 


45 


Crossing  of  Railroads  with  Highways  and  oilier  Ways — Crossing 
' Over  or  Under. 

Sec.  119.  When  a railroad  is  laid  out  across  a highway  or  other  way,  it 
shall  be  constructed  so  as  not  to  obstruct  the  same. 

Sec.  120.  A railroad  corporation  may  raise  or  lower  any  highway  or  other 
way  for  the  purpose  of  having  its  road  pass  over  or  under  the  same;  but  before, 
proceeding  to  cross,  alter,  or  excavate  for  the  purpose  of  crossing  the  way,  it 
shall  obtain  from  the  County  Commissioners  a decree  prescribing  what  altera- 
tions may  be  made  in  the  way,  and  the  manner  and  time  of  making  the  altera- 
tions or  structures  the  Commissioners  may  require  at  the  crossing;  and  before 
entering  upon,  excavating,  or  altering  the  way,  shall  give  security  satisfactory 
to  the  Commissioners  of  the  County  in  which  the  crossing  is  situated  that  it 
will  faithfully  comply  with  the  requirements  of  the  decree  to  the  acceptance  of 
the  Commissioners,  and  indemnify  the  city  or  town  from  all  damages  and 
charges  by  reason  of  any  failure  so  to  do : Provided , That  where  such  liigh- 
wTay  or  other  way  shall  be  within  the  corporate  limits  of  any  city,  town,  or  vil- 
lage, such  permission  shall  be  obtained  from,  and  security  be  given  to  the 
proper  municipal  authorities  thereof,  instead  of  from  and  to  the  said  County 
Commissioners. 

Alteration  to-  Facilitate  or  Avoid  Crossing. 

Sec.  121.  A railroad  corporation  may  alter  the  course  of  a highway  or  other 
way  other  than  a street  in  any  incorporated  city,  town,  or  village,  for  the  pur- 
pose of  facilitating  the  crossing  of  the  same  by  its  road,  or  permitting  its  road 
to  pass  at  the  side  thereof  without  crossing,  upon  obtaining  a decree  of  the 
County  Commissioners  prescribing  the  manner  and  time  of  such  alteration. 
The  corporation  shall  pay  all  damages  occasioned  to  private  property  by  the 
alteration,  as  in  case  of  land  taken  for  its  road. 

Crossing  at  a Level. 

Sec.  122.  A railroad  corporation  whose  road  is  crossed  by  a highway  or 
other  way  on  a level  therewith,  shall,  at  its  own  expense,  so  guard  or  protect  its 
rails  by  plank,  timber,  or  otherwise,  as  to  secure  a safe  and  easy  passage  across 
its  road ; and  if,  in  the  opinion  of  the  County  Commissioners,  or  if  such  high- 
way or  other  way  be  within  the  corporate  limits  of  any  city,  town,  or  village, 
then  of  the  proper  municipal  authorities  thereof,  any  subsequent  alteration  of 
the  highway  or  other  way,  or  any  additional  safeguards,  are  required  at  the 
crossing,  they  may  order  the  corporation  to  establish  the  same. 

Highways,  &c.,  laid  out  over  Railroads  -previously  Constructed. 

Sec.  123.  A highway  or  town  way  may  be  laid  out  across  a raiboad  pre- 
viously constructed,  when  the  County  Commissioners  adjudge  that  the  public 


46 


convenience  and  necessity  require  the  same  ; and  in  such  case,  after  due  notice 
to  the  railroad  corporation,  and  hearing  all  parties  interested,  they  may  thus 
lay  out  a highway  across  a railroad,  or  may  authorize  a city  or  town,  on  pe- 
tition of  the  Mayor  and  Aldermen  thereof,  to  lay  out  a way  across  a railroad, 
in  such  manner  as  not  to  injure  or  obstruct  the  railroad. 

(See  Section  86.) 

Of  Cattle  Guards. 

Sec.  124.  The  several  railroad  companies  whose  line  of  road  lies  wholly  or 
partly  in  this  State  are  hereby  required  to  construct  and  keep  in  repair  an  ade- 
quate stock-guard  or  cattle-gap  at  every  point  where  the  line  of  said  railroad 
of  any  such  company  crosses  or  may  hei'eafter  cross  the  line  of  any  fence  iu  this 
State. 

Spc.  125.  For  every  violation  of  Section  124  of  this  Act.  the  railroad  com- 
pany so  violating  it  shall  pay  to  the  owner  or  owners  of  the  fence  upon  the  line 
of  which  such  stock-guard  or  cattle-gap  should  have  been  constructed  and  kept 
in  repair,  the  sum  of  one  hundred  dollars,  to  be  recovered  by  action  in  the 
Court,  of  Common  Pleas  for  the  County ’in  which  such  stock-guard  or  cattle-gap 
should  have  been  constructed  and  kept  in  repair. 

Offences  by  Employees  of  Railroads. 

Sec.  126.  Any  engineer,  conductor,  or  other  agent  or  employee  of  any  rail- 
road company  in  this  State,  who  shall  wilfully  neglect  to  observe  or  shall  wil- 
fully violate  any  rule  or  regulation  of  the  company  to  which  such  engineer  or 
conductor  may  belong,  whereby  any  person  dr  persons  shall  sustain,  or  be  in 
danger  of  sustaining,  any  bodily  injury,  such  engineer,  conductor,  or  other 
agent  or  employee,  shall  be  liable  to  be  indicted  for  every  such  offence,  and  upon 
conviction  thereof,  be  fined  two  hundred  dollars  and  imprisoned  not  exceeding 
one  year,  at  the  discretion  of  the  J udge  before  whom  such  case  may  be  tried : 
Provided,  however,  That  nothing  herein  contained  shall  be  so  construed  as  to 
relieve  such  engineer  or  conductor  from  responsibility  in  cases  where  the  life  of 
any  person  is  destroyed,  under  the  law  as  it  now  exists. 


Penalties. 


127.  For  damage  resulting  from  violation  of 

provisions  of  Act . Affirmative  relief. 
Injunction.  Officers  compelled  to  tes- 
tify. Action  to  be  brought  within 
two  years.  Judgment,  against  whom. 

128.  Penalty  for  violation  of  Act  by  direc- 

tor, &c. 


129.  Limitation  of  Act  in  favor  of  United 

States,  any  State  and  certain  articles. 

130.  Fines  or  forfeitures,  how  collected. 

131.  Meaning  of  “person  or  persons.” 

132.  Rules  of  evidence. 

133.  Rights  not  waived. 

131.  Penalty  for  repeated  violation  of  Act. 


Sec.  127.  Each  and  every  act,  matter,  or  thing  in  this  Act  declared  to  he 
unlawful,  is  hereby  prohibited ; and  in  case  any  persou  or  persons,  as  defined  in 


47 


this  Act,  engaged  as  aforesaid,  shall  do,  suffer,  or  permit  to  be  done,  any  act, 
matter,  or  thing  in  this  Act  prohibited  or  forbidden,  or  shall  omit  to  do  any  act, 
matter,  or  thing  in  this  Act  required  to  be  done,  or  shall  be  guilty  of  any  vio- 
lation of  the  provisions  of  this  Act,  such  person  or  persons  shall,  where  no 
specific  penalty  is  hereinbefore  already  provided  for  such  violation,  forfeit  aud 
pay  to  the  person  or  persons  who  may  sustain  damage  thereby,  a sum  equal  to 
three  times  the  amount  of  the  damages  so  sustained,  to  be  recovered  by  the  per- 
son or  persons  so  damaged,  by  suit  in  any  Circuit  Court  in  this  State,  where 
the  person  or  persons  causing  such  damage  can  be  found,  or  may  have  an  agent, 
office,  or  place  of  business:  ( Provided , however , That  in  any  such  case  of  re- 
covery the  damage  shall  not  be  assessed  at  a less  sum  than  one  hundred  dol- 
lars;) and  the  person  or  persons  so  offending  shall  for  each  offence  forfeit  and 
pay  a penalty  of  not  less  than  two  hundred  dollars,  to  be  recovered  by  the  State, 
by  action  in  any  Circuit  Court  aforesaid,  to  be  brought  by  the  Attorney  Gen- 
eral upon  the  request  of  the  Railroad  Commissioner.  Any  action  to  be  brought 
as  aforesaid  to  recover  any  such  penalty  or  damages  may  be  considered,  and,  if 
so  brought,  shall  be  regarded,  as  a subject  of  equity  jurisdiction  and  discovery, 
and  affirmative  relief  may  be  sought  and  obtained  therein.  In  any  such  action 
so  brought  as  a case  of  equitable  cognizance,  preliminary  or  final  injunctions 
may,  without  allegation  or  proof  of  damage  to  any  plaintiff  or  complainant,  be 
granted  upon  proper  application,  restraining,  forbidding,  and  prohibiting  the 
commission  or  continuance  of  any  acts,  matters,  or  thing,  within  the  terms  or 
purview  of  this  Act  prohibited  or  forbidden.  In  any  action  aforesaid,  and 
upon  any  application  for  any  injunction  aoove  provided  for,  any  director,  officer, 
Receiver,  or  trustee  of  any  corporation  or  company  aforesaid,  or  any  receiver, 
trustee,  or  person  aforesaid,  or  any  agent  of  any  such  corporation  or  company, 
receiver,  trustee,  or  person  aforesaid,  or  of  any  of  them  alone  or  with  any  other 
person  or  persons,  party,  or  parties,  may  and  shall  be  compelled  to  attend,  ap- 
pear, and  testify  and  give  evidence ; and  no  claim  that  any  such  testimony  or 
evidence  might  or  might  not  tend  to  eliminate  the  person  testifying  or  giv- 
ing evidence  shall  be  of  any  avail ; but  such  evidence  or  testimony  shall  not  be 
used  as  against  such  person  on  the  trial  of  any  indictment  against  him.  The 
attendance  and  appearance  of  any  of  the  persons  who,  as  aforesaid,  may  be 
compelled  to  appear  or  testify,  and  the  giving  of  the  testimony  or  evidence  by 
the  same,  respectively,  and  the  production  of  books  and  papers  thereby,  may 
and  shall  be  compelled,  the  same  as  in  the  case  of  any  other  witness  ; and  in 
case  any  such  deposition  or  evidence,  or  the  production  of  any  books  or  papers, 
may  be  desired  or  required  for  the  purpose  of  applying  for  or  sustaining  any 
injunction  aforesaid,  the  same,  and  the  production  of  books  and  papers,  may 
and  shall  be  had,  taken,  and  compelled,  by  or  before  the  Clerk  of  the  Court 
in  which  such  action  is  pending,  or  in  any  manner  provided  or  to  be  provided 
for,  as  to  the  taking  of  other  depositions  or  evidence,  or  the  attendance  of  wit- 
nesses, or  the  production  of  other  books  or  papers,  in  or  by  the  laws  of  this 


48 


State.  No  action  aforesaid  shall  be  sustained  unless  brought  within  two  years 
after  the  cause  of  action  shall  accrue.  And  any  judgment,  under  the  provis- 
ions of  this  Act,  shall  be  rendered  against  the  person  or  persons  violating  its 
provisions  and  against  the  corporation  or  corporations  in  whose  service  or  under 
whose  authority  they  perform  such  unlawful  acts. 

Sec.  128.  Any  director  or  officer  of  any  corporation  or 'company  acting  or 
engaged  as  aforesaid,  or  any  receiver  or  trustee,  lessee,  or  person  acting  or  en- 
gaged as  aforesaid,  or  any  agent  of  any  such  corporation  or  company,  receiver, 
trustee,  or  person  aforesaid,  or  of  one  of  them  alone,  or  with  any  other  corpora- 
tion, company,  person,  or  party,  who  shall  directly  or  indirectly  do.  or  cause  or 
willingly  suffer  or  permit  to  be  done,  any  act.  matter,  or  thing  in  this  Act  pro- 
hibited or  forbidden;  or  directly  or  indirectly  aid  or  abet  therein,  or  shall 
directly  or  indirectly  omit  or  fail  to  do  any  act.  matter,  or  thing  in  this  Act  re- 
quired to  be  done,  or  cause  or  willingly  suffer  or  permit  any  act,  matter,  or 
thing  so  directed  or  required  to  be  done  not  to  be  so  done,  or  shall  directly  or 
indirectly  aid  or  abet  any  such  omission  or  failure,  or  shall  directly  or  indirectly 
be  guilty  of  any  infraction  of  this  Act,  or  directly  or  indirectly  aid  or  abet 
therein,  shall,  unless  otherwise  hereinbefore  specially  provided,  bo  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less  than  two  hun- 
dred dollars. 

Sec.  129.  Nothing  in  this  Act  shall  apply  to  the  carriage,  receiving,  storing 
haudling,  or  forwarding  of  property,  carried  for  the  United  States  or  any  State 
thereof  at  lower  rates  of  freight  and  charges  than  for  the  general  public,  or  to 
the  transportation  of  articles  free,  or  at  reduced  rates  of  freight  for  charitable 
purposes,  or  to  or  from  public  fairs  and  expositions  for  exhibition. 

Sec.  130.  In  the  case  of  all  fines  or  forfeitures,  provided  for  or  prescribed 
in  this  Act,  such  fines  or  forfeitures  shall  be  collected  by  an  action  to  be  brought 
in  the  name  of  the  State  against  the  offending  person  or  corporation  in  any 
Court  of  competent  jurisdiction,  by  the  Attorney  General  of  this  State,  or  the 
Solicitor  of  the  Circuit  in  which  the  offence  is  in  whole  or  in  part  committed. 
And  upon  recovery  in  such  action,  the  Attorney  General  or  the  Solicitor,  as 
the  case  may  be,  conducting  such  proceedings,  shall  be  entitled  to  a compensa- 
tion of  ten  per  cent,  of  the  amount  so  recovered  and  actually  collected,  and  the 
balance  shall  go  to  the  State. 

Sec.  131.  The  words  “person  or  persons,"’  as  used  in  this  Act,  except  where 
otherwise  provided,  shall  be  construed  and  held  to  mean  person  or  persons, 
officer  or  officers,  corporation  or  corporations,  company  or  companies,  receiver 
or  receivers,  trustee  or  trustees,  lessee  or  lessees,  agent  or  agents,  or  other  per- 
son or  persons  acting  or  engaged  in  any  of  the  matters  and  things  mentioned  in 
this  Act. 

Sec.  132.  In  all  cases  under  the  provisions  of  this  Act,  the  rules  of  evi- 
dence shall  be  the  same  as  in  civil  actions,  except  as  hereinbefore  otherwise  pro- 
vided. 


49 


Sec.  133.  This  Act  shall  not  be  so  construed  as  to  waive  or  affect  the  right 
of  any  person  injured  by  the  violation  of  any  law  in  regard  to  railroad  corpo- 
rations from  prosecuting  or  proceeding  for  his  private  damages  in  any  manner 
allowed  by  law.  But  the  remedies  hereby  given  the  persons  injured,  shall  be 
regarded  as  cumulative  to  any  and  all  the  remedies  now  given  by  or  existing  at 
law  against  railroad  corporations. 

Sec.  134.  Whenever  any  of  the  railroad  corporations  of  this  State  have  re- 
peatedly and  wilfully  violated  any  of  the  provisions  of  this  Act,  and  have  been 
found  guilty,  or  judgment  had  against  them  within  this  State  of  such  violation, 
more  than  once,  or  penalties  have  been  recovered  in  penal  actions  for  such  viola- 
tions more  than  once,  the  Commissioner  may,  if  he  think  it  consistent  with  the 
public  interest,  instruct  the  Attorney  General  to  proceed  against  such  corpora- 
tion, in  any  Court  of  competent  jurisdiction,  by  an  information  in  the  nature  of  a 
quo  warranto , alleging  such  conviction  or  recoveries  as  cause  of  forfeiture  of 
their  respective  charters  or  incorporations,  and  upon  proof  of  the  same,  there 
shall  be  judgment  of  ouster  and  final  execution  as  in  other  cases  of  proceed- 
ings by  quo  warranto. 

Repealing  Clause. 

Sec.  Sec. 

135.  What  Acts  are  repealed.  137.  When  Act  to  take  effect. 

1 3 6.  Effect  of  repeal. 

Sec.  135.  The  Acts  and  parts  of  Acts  named  in  the  following  schedule  are 
hereby  repealed : 


SCHEDULE. 


GENERAL  STATUTES. 

Chapter  LXV.  Page  366 — Of  Railroad  Corporations. 


Sections  17  and  18,  Chapter 

Acts  of  the  year  1876,  page  160 

Acts  of  the  Year  One  Thousand 
16uStatutes  at  Large,  page  492 

17  Stats,  at  Large,  pages  784  and  785, 
4 EL 


CXXVIII.,  of  Title  I..  Part  4. 

' “An  Act  to  enable  the  purchasers  of 
Railroads  to  form  corporations,  and 
-<  to  exercise  corporate  powers,  and  to 
define  their  rights,  powers,  and 
privileges.” 

Eight  Hundred  and  Seventy- Eight. 

i Sec.  3 of  “Act  for  the  prevention  of 
( cruelty  to  animals.” 

f “An  Act  to  prevent  unjust  discrimi- 
t nation  by  common  carriers.” 


50 


17  Stats,  at  Large,  pages  789  to  79 


“An  Act  to  create  a Railroad  Comm'r 
for  the  State  ofSouth  Carolina.” 


Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Seventy-Nine. 


f 

Acts  of  Assembly,  1879,  pages  24  J 
and  25.- j 

l 

r 

j 

Acts  of  Assembly,  1879,  page  42 

( 

( 

Acts  of  Assembly,  1879,  page  101...  1 

l 

c 

Acts  of  Assembly,  1879,  page  196 — ^ 


An  Act  to  require  Railroads  to  fur- 
nish consignees  an  itemized  state- 
ment of  freight  charges,  and  re- 
quiring them  to  settle  according  to 
the  bill  of  lading.” 

An  Act  to  prohibit  the  running  of 
freight  trains  and  to  regulate  the 
running  of  passenger  and  mail  trains 
on  Sunday.” 

‘An  Act  to  amend  Part  4,  Title  I., 
Chapter  128,  and  Section  18,  of 
the  Revised  Statutes,  relating  to 
obstructing  Railroads.” 

‘An  Act  to  regulate  the  Classification 
of  Cotton  in  Rales  by  Railroads  and 
other  Common  Carriers  in  this 
State.” 


Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Eighty. 


Acts  of  Assembly,  1880.  page  328,... -j 


Acts  of  Assembly.  1880,  page  416,...  < 

i 

i 


An  Act  to  require  all  Railroad  Com- 
panies in  this  State  to  construct  and 
keep  in  repair  an  adequate  Stock 
Guard  or  Cattle  Gap  at  every  point 
where  the  line  of  Railroad  of  any 
such  Company  crosses  the  line  of 
any  fence  in  this  State.” 

An  Act  to  require  the  Railroad  Com- 
panies chartered  by  this  State  to 
close  their  Yearly  Accounts  on  the 
30th  day  of  June,  and  to  make 
their  Annual  Returns  to  the  Rail- 
road Commissioner  on  or  before  the 
31st,  day  of  August  of  each  Year.” 


Sec.  136.  The  repeal  of  certain  Sections  of  the  General  Statutes  and  of  cer- 
tain Acts,  as  provided  in  the  preceding  Section  hereof,  shall  not  revive  any  law 


51 


heretofore  repealed  or  superseded,  nor  any  office  heretofore  abolished ; it  shall 
not  affect  any  act  done,  or  any  right  accruing,  accrued,  or  established,  or  any 
proceedings,  doings,  or  acts  ratified  or  confirmed,  or  any  suit  or  proceeding  had 
or  commenced  before  the  repeal  takes  effect,  but  the  proceedings  therein  shall, 
when  necessary,  conform  to  the  provisions  of  this  Act;  it  shall  not  affect 
any  penalty  or  forfeiture  incurred  before  it  takes  effect,  under  any  of  the  laws 
repealed,  except  that  where  a punishment,  penalty,  or  forfeiture  is  mitigated  by 
the  provisions  of  this  Act,  such  provisions  may  be  extended  and  applied  to  any 
judgment  pronounced  after  said  repeal;  it  shall  not  affect  any  suit  or  prosecu- 
tion pending  at  the  time  of  the  repeal  for  an  offence  committed,  or  for  the  re- 
covery of  a penalty  or  forfeiture  incurred  under  any  of  the  Acts  repealed,  ex- 
cept that  the  proceedings  therein  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  Act;  aud  when  a limitation  or  period  of  time  prescribed  in  any 
of  the  Acts  repealed,  for  acquiring  a right  or  barring  a remedy,  or  any  other 
purpose,  has  begun  to  run,  and  the  same  or  similar  limitation  is  prescribed  in 
this  Act,  the  time  of  limitation  shall  continue  to  run,  and  shall  have  like  effect 
as  if  the  whole  period  had  begun  and  ended  under  the  operation  of  this  Act. 
The  provisions  of  this  Act,  so  far  as  they  are  the  same  as  those  of  existing 
laws,  shall  be  construed  as  a continuation  of  such  laws,  and  not  as  new  enact- 
ments, and  references  in  laws  not  repealed  to  provisions  of  laws  incorporated 
into  this  Act  and  repealed,  shall  be  construed  as  applying  to  the  same  provis- 
ions so  incorporated. 

Sec.  137.  This  Act  shall  take  effect  on  the  first  day  of  February,  in  the 
year  one  thousand  eight  hundred  and  eighty-two. 

Approved  the  9th  day  of  February,  A.  D.  1882. 


IITDBX. 


A. 

Page.  Sec. 

Act,  extent  and  purview  of. 1 

how  cited 1 

to  be  deemed  an  amendment  of  charters  granted  since  Dec. 

17,  1841,  when  inconsistent  with  them 4 

application  of  provisions  of  to  property  and  the  receiving  &c..  33 

limitation  upon  power  of  railroad  companies  to  bar  provisions 

of 62 

Accidents,  regulations  for  preventing 34 

and  responsibility  therefor 43 

Commissioner  to  investigate 47 

trains  delayed  by,  may  run  on  Sunday ..  65 

notice  of  to  be  given  to  physician  and  Railroad  Com- 
missioner  113 

Action,  for  injury  to  person  or  property  to  be  brought  within 

twelve  months 116 

when  to  be  brought  within  two  years 127 

Animals,  cars  loaded  with  may  be  unloaded  on  Sunday 63 

cruelty  to 33 

overloading  cars  with  prohibited 67 

time  of  confinement  of  limited 67 

care  of  in  transit 67 

construction  of  term 68 

Articles,  restriction  of  provisions  of  Act  in  favor  of  certain 129 

x\ssessments  upon  railroads,  how  made  and  collected 41 

Attachment  of  cars  and  engines  not  to  be  within  forty-eight  hours 

of  time  of  departure...  112 

j 45-6 

Attorney  General  to  prosecute - 52-4 

) 130-4 

B. 

Badges,  employees  on  passenger  trains  to  wear 73 

Baggage,  checks  for  to  be  given 91 

penalty  for  injuring 38 


ii  INDEX. 

Page.  Sec. 

Bonds,  of  issuing — 9 

may  be  issued  by  purchasing  corporation 10 

Brakes  to  be  attached  to  cars 87 

Brakeman  to  be  stationed  on  train 87 

Breaking  or  firing  into  train,  penalty  for • 110 

Bridges,  to  be  constructed  and  repaired 8fi 

C. 

Cattle  guards 4C 

Charter,  not  be  granted  without  three  months’  notice 5 

granted  since  Dec.  17,  1841,  amended  by  this  Act  when 

inconsistent  with  it 4 

Clerk  of  Bailroad  Commissioner,  salary  of. 40 

shall  approve  accounts  of  wit- 
nesses  53 

to  be  transported  free  on  official 

business 42 

Conductors  and  agents,  conservators  of  the  peace 104 

gross  carelessness  or  negligence  of 115 

Contingent  fund  of  Railroad  Commissioner 40 

Commissioners.  County,  to  examine  crossings 75 

powers  and  duties  of. 70 

may  apply  to  Railroad  Commissioner  to 

have  stationary  flagman  at  crossing 77 

company  may  apply  to  Court  for  re- 
examination of  locality 78 

to  report  to  Clerk  of  Court 80 

compensation  of 80 

to  keep  record SI 

to  require  signboards  at  crossings 84 

Railroad  Commissioner  to  investigate  com- 
plaint of. 4(1 

Commissioner,  Railroad 25 

election  of. 30 

term  of  office  of 30 

salary  of. 39 

may  be  suspended  from  office 30 

vacancy  in  office  of. 39 

oath  of  office  of. 30 

term  of  incumbent 30 

shall  be  furnished  with  an  office,  Ac 40 


INDEX. 


hi 


Page.  Sec. 

Commissioner.  Railroad,  may  employ  clerk 40 

salary  of  Clerk  of. 40 

contingent  fund  of. 40 

O 

expenses  of  office  of 41 

assessments,  how  made  and  collected 41 

to  be  transported  free  on  official  business...  42 

may  take  with  him  experts 42 

to  have  general  supervision  of  railroads 44 

to  give  notice  to  corporation  of  violation  of 

law 44 

to  give  notice  of  reasonable  repairs,  and 
modification  offare  he  may  adjudge 

necessary 45 

to  investigate  complaint  of  Mayor,  &c 46 

to  investgate  accidents 47 

railroad  companies  to  furnish  information  to  48 

no  advice  or  request  of,  to  impair  duties  or 

obligations  of  corporations 49 

to  make  annual  report 50 

to  make  special  report  of  accidents 50 

companies  required  to  report  to 51 

may  amend  form  of  report 51 

to  report  on  or  before  2d  Monday  in  No- 
vember  51 

pooling  contracts  to  be  submitted  to 52 

may  subpoena  witnesses 53 

may  propound  interrogatories  additional  to 

schedule  and1  report 55 

to  examine  books,  &c.,  on  application  of 

of  Director,  &c  56 

may  examine  and  copy  list  of  stockholders.  57 

may  require  stationary  flagman  at  crossing 
upon  application  of  County  Commis- 
sioners   77 

to  make  rules  for  transportation  of  explo- 
sive compounds 92 

Consignee  may  demand  itemized  statement  of  freight  charges 34 

Consolidation  of  corporations 5 

when  allowed 13 

Directors  to  agree  upon  terms 14 

agreement  to  be  submitted  to  stockholders 14 

manner  of  voting 14 


IV 


INDEX. 


Page.  Sec. 

Consolidation,  agreement  or  copy  to  be  filed  in  Secretary  of  State’s 


office 14 

when  corporation  to  be  deemed  formed 15 

rights  of  new  corporation 16 

shall  establish  offices 17 

suits  may  be  brought  against  company 18 

liability  to  taxation 19 

proceedings  by  stockholder  opposing 20 

company  may  purchase  connecting  road 21 

may  purchase  bonds  of  other  companies 22 


may  contract  for  the  purchase  and  lease  of  connect- 


ing roads 22 

may  guarantee  bonds  of  connecting  roads 22 

Corporations,  of  other  railroad 9 

Cotton,  classification  of. 37 

Crossings,  of  another  track,  trains  to  stop  at 70 

what  signals  to  be  given  at 71 

sign  boards  to  be  placed  at 72 

County  Commissioners  to  examine 75 

(See  County  Commissioners.) 

company  to  construct,  or  station  flagman  at 79-86 

by  whom  constructed  and  maintained  when  authorized 

after  road  has  been  laid  out * 80 

of  one  railroad  by  another,  or  over  navigable  waters....  118 


of  railroad  with  highways  and  other  ways — over  or 

, ' ) 119 


alteration  to  facilitate  or  avoid 121 

at  a level 122 

highway  laid  out  over  railroad  previously  constructed...  123 

D. 

Damages  by  fire,  insurance 40 

Discrimination 22 

like  and  contemporaneous  service 2S 

rebate  and  drawback  not  allowed 29 

continuous  carriage 28-30 

as  to  distance 31 

extent  of  application  of  Act  to 33 

against  connecting  road  by  refusing  to  deliver  freight  59 

in  favor  of  or  against  one  connecting  road  against 
another  by  refusing  to  issue  bills  of  lading  or 

to  receive  freight  at  equal  rates 60 

in  favor  of  or  against  connecting  road  in  rates 61 


INDEX. 


Y 


E. 


Page. 

Electric  signals,  penalty  for  injuring 

Employees,  badges  to  be  worn  by  on  passenger  trains 


offences  by 46 

Explosive  compounds 38 


above  certain  amounts  prohibited  on  certain 

trains 

to  be  marked 

Commissioner  to  make  rules  for  transporta- 
tion of 

precautions  by  persons  delivering 

Trial  Justice  may  issue  search  warrant  for... 

forfeited  when  seized 

persons  injured  by  explosion  of  may  recover 

damages 

construction  of  term 

Equipment  of  trains  and  cars 37 

Evidence,  rules  of,  same  as  in  civil  actions 

F. 


Fare,  penalty  for  refusing  to  pay 

Flagman,  may  be  required  at  crossings 

Firing  into  cars,  penalty  for 

Fines  or  forfeitures,  how  collected 

Fire,  damages  by 

Formation  of  trains 

Freight,  itemized  statement  of  charges  to  be  given  consignee  upon 

demand 

refusal  to  give  statement  a misdemeanor 

charges  to  be  settled  according  to  contract 

to  be  forwarded  according  to  directions 


G. 

General  Statutes,  corporation  subject  to  certain  provisions  of 

I. 

Injunction,  by  Commissioner  to  restrain  violation  of  law  and  char- 
ters   

by  party  injured 


Sec. 

Ill 


92 

92 

92 

93 

95 

96 

97 

98 

132 


105 

7-79 

110 

130 

99 

69 

34 

35 

36 
102 


12 


44 

127 


VI 


INDEX. 


Page.  Sec. 

Injury,  by  collision  at  crossiug 117 

by  negligence  or  carelesuness  of  agent  or  officer 114 

lien  of  judgment  in  action  for 11G 

to  railroad  property,  penalty  for 106 

Insurance 40 

J. 

Judgment,  lien  of,  in  action  for  injury 116 

against  whom  may  be  rendered, 127 

L. 

Liability  of  corporation  at  common  law  not  limited  by  public  notice 

or  declaration 6 

of  corporation  operating  road  of  another  corporation 3 

of  receivers  or  trustees ..  3 

to  taxation 19 

not  impaired  by  advice  or  request  of  Commissioner 49 

for  loss  of  or  damage  to  freight 101 

Loitering  in  station  house,  &c.,  forbidden 103 

Life,  penalty  for  endangering 107 

Lighting  Cars 89 

M. 

Mayor,  Railroad  Commissioner  to  investigate  complaint  of 46 

Modification  of  fare,  Commissioner  to  require  whcu  necessary 45 

Merchandise,  accommodations  regarding 40 

(See  Freight.") 

N. 

New  Hoads,  opening 100 

O. 

Oath  of  office  of  Commissioner 39 

Obstructing  Commissioner  in  discharge  of  his  duties,  penalty  for  54 

Obstructions  on  track,  penalty  for  placing 108 

to  passage  of  engine  or  cars,  penalty 109 

Owner,,  construction  of  term 68 

Offences,  and  penalties  therefor 41 

by  employees 126 

Officers  &c.,  to  appear  and  testify,  and  produce  books  and  papers.  127 


INDEX. 


VII 


P. 


Page. 

Penalties 40 

for  violating  provisions  as  to  proxies 

refusing  to  give  information  to  consignee " 

failing  to  settle  according  to  contract 

injuring  or  destroying  baggage 

refusal  to  obey  subpoena,  by  witness 

refusing  to  furnish  report  

obstructing  Commissioner  in  discharge  of  his  duties. 

refusing  to  submit  books  for  examination  

violation  of  regulations  for  running  trains  on  Sunday 
violation  of  regulations  relating  to  transportation  of 

animals 

neglect  of  duty  by  County  Commissioners 

violation  of  law  relating  to  lighting  and  heating 

trains 

failing  to  furnish  reasonable  accommodations  to  pas- 
sengers   

refusing  to  give  checks  for  baggage 

violation  of  provisions  relating  to  explosive  com- 
pounds  

refusing  to  give  receipt  for  freight 

loitering  in  station  house,  &c 

evading  the  payment  of  fare 

injuring  railroad  property 

endangering  life 

placing  obstructions  on  track 

obstructing  passage  of  engine  or  cars 

breaking,  entering,  or  firing  into  cars 

injuring  electric  signals 

failing  to  give  notice  of  accident 

injury  resulting  from  carelessness  or  negligence  of 

agent,  &c 

gross  carelessness  or  negligence  of  conductor 

injury  by  collision  at  crossing 

failing  to  erect  and  keep  cattle-guards 

offences  by  employees 

damage  where  not  already  provided  for 

violation  of  Act  by  directors,  &c 

repeated  violation  of  Act 


Sec. 


25 

35 

36 
38 

53 

54 
54 
58 
66 


67 

85 

89 


90 

91 

94 

101 

103 

105 

106 

107 

108 

109 

110 
111 

113 

114 

115 
117 

125 

126 

127 

128 
134 


Tin 


INDEX. 


Page. 

Purchasers,  formation  of  corporations  by 3 

to  file  papers  in  Secretary  of  State’s  office 

p>owers  of  corporation  formed  by 

may  issue  bonds 

may  establish  sinking  funds,  and  make  rules  and  regu- 
lations  

subject  to  certain  provisions  of  General  Statutes 

Proxies  

Pooling  contracts  to  be  submitted  to  Railroad  Commissioner 

Person,  construction  of  term 

Passenger  trains  to  stop  at  stations 

Passengers,  rooms  for,  to  be  provided  at  stations 

accommodations  for 38 

convenience  and  safety  of 

checks  for  baggage 


Sec. 

8 

9 

10  , 

11 

12 

25 

52 

1 68 
j 131 
74 
82 

90 

91 


R. 


Railroad,  construction  of  term 

and  railways,  construction  of  terms 

company,  construction  of  term 

corporation  and  railroad  company,  construction  of  terms.. 

Report,  annual  of  Commissioner,  what  to  contain 

when  to  be  made 

Reports,  annual  of  railroads 9 

time  of  filing 

rules  and  form 

to  be  required  by  Commissioner  

defective,  to  be  amended  in  fifteen  days 

Railroad  Commissioner.  (See  Commissioner.) 

Repairs,  Commissioner  to  require  to  be  made  when  necessary 

Recpiest  or  advice  of  Commissioner  not  to  impair  obligations 

Repeated  violation  of  Act,  penalty  for 

Repealing  clause 

effect  of. 

Rights  not  waived 

Rebate  and  drawback  prohibited 

Running  trains  on  Sunday 33 

general  prohibition 

exception  in  favor  of  mail  and  other  trains 

train  delaved  bv  accident 


o 


•? 


62 


50 

51 


26 

27 

51 

51 

45 

49 

134 

135 

136 
133 

29 

63 

64 

65 


INDEX. 


IX 


S. 

Page.  Sec. 

Salary  of  Railroad  Commissioner 39 

Clerk  of  Railroad  Commissioner • 40 

Sunday,  running  trains  on 33 

Signals,  what  to  be  given  at  highway  crossings 71 

penalty  for  injuring  electric Ill 

Sign  boards  required  at  crossings 72 

duties  of  County  Commissioners  as  to S4 

State,  restriction  upon  provision  of  Act  in  favor  of  any 129 

Sinking  funds,  corporation  formed  by  purchasers  may  establish 11 

Schedules  to  be  kept  in  office 32 

Stoves  to  be  fastened  in  place 89 

Solicitor  to  recover  fines  or  forfeitures 130 

T. 

Taxation,  liability  of  corporation  to  19 

Trains,  formation  of. 69 

provisions  when  behind  time 83 

passenger  to  stop  at  stations 74 

Tools  for  trains  to  be  provided  88 

Trial  Justice  may  issue  search  warrant  for  explosive  compounds...  95 

Toll,  penalty  for  evasion  of  payment  of. 105 

U. 

United  States,  restrictions  upon  provisions  of  Act  in  favor  of. 129 

V. 

Vacancy  in  office  of  Commissioner,  how  filled 39 

Vote,  stockholder  to  have  one  for  each  share  of  stock 7 

W. 

Witnesses,  may  be  subpoenaed  by  Commissioner 53 

pay  of 53 

penalty  for  refusing  to  obey  subpoena 53 

Whoever,  construction  of  term 68 


REPORT 


OP  THE 


JOINT  COMMITTEE  ON  RAILROADS 


CHARTERS  AID  UAL  RAILROAD  LAW 


to  the  . 

GENERAL  ASSEMBLY. 


1881. 


COLUMBIA,  S.  C. 

JAMBS  WOODROW,  STATE  PRINTER. 
1881. 


REPORT 


OF 


JOINT  COMMITTEE  ON  RAILROADS 


ON 


CHARTERS AID GEIRAL  RIM 


u 


TO  THE 

GENERAL  ASSEMBLY. 


1881- 


COLUMBIA,  S.  C.: 

JAMES  WOODROW,  STATE  PRINTER. 


1881. 


REPORT  OF  JOINT  COMMITTEE  ON  RAILROADS. 


To  the  Honorable  the  Senate  and  House  of  Representatives  of  the  State 
of  South  Carolina  : 

Gentlemen  : The  Joint  Committee  appointed  to  examine  and  re- 

port upon  the  subject  of  Kailroads  in  the  State  and  their  respective 
charters,  beg  leave  to 

REPORT, 

That  it  has  prepared  a separate  report  upon  the  charter  of  each 
railroad  in  the  State,  which  are  herewith  submitted,  but  inasmuch  as 
these  Reports  will,  in  the  opinion  of  the  Committee,  be  found  unwieldy, 
it  submits  as  its  report,  the  adoption  of  which  it  recommends  the  Bill 
herewith,  and  an  abstract  of  all  charters  and  general  railroad  laws. 

The  Committee  was  directed  to  report  what  railroad  companies,  if 
any,  are  exempt  from  Legislative  control. 

After  examination,  your  Committee  reports  that  the  Cheraw  and  Dar- 
lington Railroad  Company  is  so  exempt.  Others  claim  the  same  ex- 
emption ; and  as  this  question  as  well  as  that  of  violations  of  charter 
are  matters  which  can  only  be  decided  in  the  Courts,  your  Committee 
has  not  thought  it  should  express  an  opinion  on  the  question,  which 
would  be  but  the  expression  of  individuals  and  of  no  authority. 

All  of  which  is  respectfully  submitted, 

A.  T.  SMYTHE. 

H.  A.  gaillard; 

On  Part  of  Senate. 

J.  C.  HASKELL, 

JAMES  SIMONS, 

IP.  A.  NEWTON, 

On  Part  of  House. 


4 


Late 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Air  Line  Railroad  Co. — Incorporated 

1856 

2046 

12 

439 

Sec.  1.  Privileges  and  powers 

439 

2.  Capital  stock  and  officers 

440 

3.  Amount  of  cajntal 

440 

4.  Powers 

440 

5.  Rio-kt  of  wav 

j 

441 

6.  Further  powers,  with  conditions 

441 

7.  Combinations 

441 

Act  to  amend  Act  to  incorporate 

1868 

14 

75 

Sec.  1.  Certain  Counties  authorized  to 

subscribe  to  capital  stock 

75 

1.  Right  to  acquire  and  dispose  of 

property,  and  create  stock... 

76 

2.  Location  of  road 

76 

( See  Atlanta  and  Charlotte  Air  Line  RR.) 

Anderson,  Aiken,  Port  Royal,  and  Charles- 

ton  Railroad  Company. — Chartered.. 

1873 

Allowed  3 

15 

401 

Act  to  amend  charter 

1874 

years  to  be- 

15 

636 

Revive  charter 

1877 

gin  work. 

16 

251 

Anderson  and  Easlev  Railroad  Co. — 

W ork  must 

Chartered 

1880 

bg.  by  1885. 

17 

287 

Ashley  River  Railroad  Co. — Chartered... 

1875 

Five  yrs  to 

15 

905 

complete. 

Atlanta  and  Charlotte  Air  Line  Railroad 

Co. — Incorporated 

1856 

2046 

12 

439 

Act  to  incorporate  amended 

1868 

14 

75 

Authorize  certain  Counties  to 

cancel  certain  bonds 

1876 

16 

125 

Regulate  deposits  of  interest 

collected  on  certain  bonds 

1876 

16 

141 

Make  property  liable  for  taxes.. 

1S78 

16 

520 

Require  payment  of  certain  taxes 

1879 

1" 

41 

Release  from  certain  taxes 

1879 

17 

55 

Require  payment  of  certain  taxes 

1879 

17 

101 

Require  payment  of  certain  taxes 

1880 

17 

479 

Atlanta  and  Richmond  Air  Line  Rail- 

road  Co 

(See  Atlanta  & Charlotte  A.  L.  Railroad.) 

Augusta,  Knoxville,  and  Greenwood  Rail- 

road  Co 

(See  Greenwood  and  Augusta  Railroac 

1 

Company.) 

5 


Barnwell  Railroad  Co. — -Chartered 

Act  to  incorporate 

Aid 

Amend  Act  to  incorporate 

Sec.  1.  Authorizes  extension  of  road  to 
Sumter 

2.  Authorizes  increase  of  capital 

stock 

3.  Gives  Co.  benefit  of  Greenville! 

and  Columbia  R.  R.  charter... 

Beaufort  Horse  Railroad  Co. — Incorpo- 
rated   ! 

Act  to  amend  Act  to  incorporate 

Belton,  Williamston  & Easley  Railroad 

Co. — Chartered 

Act  to  amend  charter 

Change  name  to  “Atlantic  and 

French  Broad  Valley” 

Charter  and  change  name. — 

Amended 

Sec.  1.  Authorized  to  change  direction 
of  road ! 

1.  To  connect  at  Aiken  and  Easleyj 

with  other  railroad 1 

2.  Subscriptions  to,  submitted  to 

voters 

Bennettsville  and  Hamlet  Railroad  Co. — 
Incorporated 

Bennettsville  and  Society  Hill  Railroad 

C o . — I n c o rp  orated 

Charter  of  North  Eastern  Railroad  ex- 
tended to 

Big  Bay  and  Adams’  Run  Narrow 
Gauge  Railroad  Co. — Chartered 

Bishopville,  Sumter  and  Wateree  Rail- 
road Co. — Incorporated 

Charter  of  North  Eastern  Railroad  to 
apply  to 

Blue  Ridge  Railroad  Co. — Incorporated.. 
Act  to  aid 


Date 

of 

Acts. 


Date  of  Ex- 
piration of 
Ch  arter. 


1835  

1861  No  limit. 

1861 

1870  


1872; 

1873 


1971 


To  be  com. | 
18781  by  1888. 
1878! 


1879|. 


1880 


1 87 8 j No  limit. 
1861  No  limit. 


1872  No  limit. 


1876 


1852 

1854 


No  limit. 


No  limit. 


Vol. 


8 

12 

13 

14 


15 

15 

16 
16 

17 

17 

17 

17 

17 


16 


12 


12 

15 

16 

16 

12 

12 


Page. 

422 

807 
60 

392 

392 

392 

392 

152 

424 

495 

814 

47 

488 

488 

489 
489 

737 

808 
809 

169 

185 

186 

182 

327 


6 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Act  to  authorize  subscription  to  stock 

1859 

12 

651 

Aid 

1859 

12 

654 

Repeal  Sec.  9,  of  Act  to  aid 

1859 

12 

655 

Authorize  additional  aid 

1868 

14 

25 

Require  officers  to  make  returns 

1868 

14 

34 

Authorize  consolidation  with 
Greenville  and  Columbia  Rail- 
road Company 

Relieve  State  of  liability  on 
bonds  of  Blue  Ridge  Rail- 
road Company 

Relating  to  liability  of  State  on 
Blue  Ridge  Railroad  bonds... 

1871 

1872 

1873 

14 

15 
15 

590 

79 

479 

Require  depot  at  Seneca  City... 

1877 

16 

250 

Facilitate  completion 

1880 

17 

270 

Authorize  Walhalla  to  issue 
bonds  in  aid 

1880 

17 

389 

(See  Greenville  and  Columbia  R.  R.  Co.) 

Branchville  and  Savannah  Railroad  Com- 
pany-Incorporated  

1853 

1889 

12 

238 

Buford  Bridge  Railroad  Company. — In- 
corporated   

1861 

No  limit. 

12 

761 

< ’barter  of  Greenville  and  Columbia  Rail- 
road Companjr  extended  to 

Bull  River  and  Port  Royal  Railroad  Com- 
pany . — I n co  rp  or  ated 

1872 

No  limit. 

12 

15 

762 

153 

Corporation  entitled  to  same  rights  as 
Port  Royal  Railroad 

15 

154 

Carolina  Narrow  Gauge  Railroad  Co 

1873 

15 

395 

May  consolidate  with  Chester  and  Le- 
noir Narrow  Gauge  Railroad  Co. 
(See  Chester  and  Lenoir  Narrow  Gauge 
Railroad.) 

Central  Railroad  Co. — Incorporated 

1861 

1911 

12 

776 

Town  of  Sumter  may  subscribe 

1861 

12 

810 

Substituted  for  Williamsburg  Railroad  Co. 

1878 

16 

747 

Charleston  City  Railway  Company. — In- 
corporated   

1861 

No  limit. 

12 

791 

Charleston  Floating  Dry  Dock  and  Ma- 
rine Railway  Co 

1851 

. 

1872 

12 

87 

I 


Date 

of 

Acts. 

Date  of  Ex- 
pi  ration  of 
Charter. 

Vol. 

Charleston,  Georgetown  and  All  Saints 

Rai  lroad  Co. — I ncorporated 

1838 

Xo  limit. 

8 

472 

Act  to  amend  charter 

1839 

11 

Charter  revived  and  amended... 

1846 

11 

410 

Charleston.  Georgetown  and  Conway- 

boro  Railroad  Co. — Incorporated 

1872 

1902 

15 

149 

May  consolidate  with  other  roads 

15 

151 

Act  to  authorize  certain  counties  to  issue 

bonds  in  aid 

1873 

15 

411 

Incorporate. — Amended 

1873 

15 

444 

After  consolidation  to  he  known  as  At- 

lantic  and  P.  Seaboard  Railroad  Co.. 

15 

444 

Charleston  and  Georgetown  Railroad  and 

Transportation  Co. — Incorporated. 

1876 

Xo  limit. 

16 

186 

Charleston  and  Savannah  Railroad  Co.— 

Chartered 

1853 

1889 

12 

240 

Act  to  authorize  State  aid 

1S54 

12 

304 

Aid  construction 

1856  

12 

467 

Relieve 

1 865  

13 

362 

Authorize  purchase  by  Savannah 

and  Charleston  Railroad  Co... 

1866 

13 

409 

(See  Savannah  and  Charleston  Railroad.  ) 

Charleston  and  Sullivan’s  Island  Railroad 

Co. — Chartered 

1874 

Xo  limit. 

15 

675 

Act  to  amend  charter 

1878 

16 

742 

Charlotte.  Columbia  and  Augusta  Rail- 

road  Co 

1869 

14 

232 

Charlotte  and  South  Carolina  Railroad 

Company. — Chartered 

1846 

1896 

11 

397 

Act  to  authorize  uniting  with  Spartan- 

burg  and  Union  Railroad  Co. 

1847 

11 

488 

Afford  aid  in  construction 

1848 

11 

508 

State  not  liable  for  debts,  and 

rights  same  as  private  stock- 

holders 

1848 

11 

509 

Authorize  agreement  to  connect 

Avith  South  Carolina  Railroad 

and  Greenville  and  Columbia 

Railroad 

1848 

11 

529 

Produce  conformity  in  certain 

charters 

1848  

11 

533 

8 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Act  to  Release  shares  from  pledge 

1862 

12 

174 

Authorize  State  g'a'rnte’d  bonds 

1S66 

13 

385 

Consolidate  with  Columbia  and 

Augusta,  as  Charlotte,  Colum- 

bia  and  Augusta  Railroad  Co. 

1869 

14 

282 

Charter  amended 

14 

232 

(See  Charlotte,  Columbia  and  Augusta 

Railroad.) 

Chatham  Railroad  Co. — Incorporated.... 

1868 

1967 

14 

70 

Sec.  2.  Authorized  to  extend  road  to 

Columbia 

1868 

14 

70 

Same  rights  as  Northeastern 

Railroad 

14 

71 

Cheraw  and  Chester  Railroad  Co. — Char- 

tered 

1873 

No  limit. 

15 

442 

May  consolidate  with  other  roads 

15 

443 

Act  to  authorize  certain  Counties  to  is- 

sue  bonds  in  aid 

1874 

15 

668 

Question  of  subscription  to  be 

submitted  to  vote 

15 

668 

Alter  and  amend  Act  to  charter 

1S79 

17 

100 

Cheraw  and  Coal  Fields  Railroad  Co. — In- 

corporated 

1857 

No  limit. 

12 

551 

Act  to  amend  Act  to  incorporate 

1861 

13 

70 

Grant  State  aid 

1863 

13 

136 

Amend  charter  and  change  the 

name  to  Cheraw  and  Salis- 

bury 

1868 

14 

80 

Grant  State  aid  confirmed 

14 

81 

Joint  Resolution  revoking  proxies  and 

authorizing  appointments  in  lieu 

thereof 

1878 

16 

656 

(See  Cheraw  and  Salisbury  Railroad.) 

Cherafir  and  Darlington  Railroad  Co.— 

Chartered 

1S49 

No  limit. 

11 

583 

Act  to  authorize  aid  in  construction... 

1852 

12 

1S1 

Authorize  increase  of  stock 

1854 

12 

341 

Alter  and  amend  charter 

1863 

13 

1S7 

Charter  not  subject  to  previous 

laws 

I 

13 

187 

Cheraw  and  Salisbury  Railroad 

! 1868 

14 

80 

Joint  Resolution  revoking  nroxies 

i 1878 

16 

656 

9 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Chester  and  Lenoir  Narrow  Gauge  Rail- 

road  Co. — In corporated 

1873 

No  limit. 

15 

393 

Invested  with  rights  conferred  on  North 

Eastern  Railroad  Co 

1873 

15 

394 

Authorized  to  consolidate  with  King's 

Mountain  Railroad  Co 

1873 

15 

395 

Act  to  authorize  a special  tax  in  cer- 

tain  counties  to  retire  bonds 

issued  in  aid 

1875 

15 

865 

Suspend  Act  to  authorize  a 

special  tax,  etc 

1878 

16 

485 

Authorize  transfer  of  certain 

shares  of  stock  to  Board  ot 

School  Trustees 

1879 

17 

43 

Joint  resolution  to  authorize  application 

of  certain  funds  to  payment  of  cou- 

pons  on  certain  bonds 

1880 

17 

531 

Chester  and  Newberry  Railroad  Co. — 

Chartered 

1859 

2019 

12 

662 

May  unite  with  Air  Line  Railroad  Co 

12 

663 

Chester  and  Union  Railroad  Co. — Incor- 

porated 

1875 

1974 

16 

14 

May  unite  with  other  roads  

16 

15 

Act  to  amend  Act  to  incorporate.... 

1878 

16 

432 

Counties,  etc.,  interested  may  issue  bonds 

in  aid 

16 

435 

Chicago  and  South  Atlantic  Railroad 

Co. — Incorporated 

1878 

No  limit. 

16 

448 

May  run  roads  from  different  points 

16 

450 

Right  to  enjoy  same  privileges  granted 

to  G.  & ( J.  R.  R.  ( -o 

16 

450 

Authorized  to  build  steamships,  &c 

' 

16 

450 

Cincinnati  and  Charleston  Railroad  Co. — 

Incorporated. 

1835 

No  limit. 

8 

409 

Act  to  authorize  surveys  

1835 

8 

406 

Amend  charter 

1830 

8 

431 

Authorize  increase  of  rates  and 

grant  certain  lots  in  Columbia. 

1838 

8 

484 

(See  South  Carolina  Canal  and  Railroad 

Co.) 

Citizens’  Line  Railway  Co.  of  Charles- 

ton. — Incorporated 

1861 

1882 

12 

802 

10 


Hate 

of 

Acts. 

Hate  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Colleton  Railroad  Co. — Incorporated 

1847 

1897 

11 

491 

Act  to  afford  aid  in  constructing 

1850 

12 

62 

•State  not  liable  for  debts  

12 

62 

State  to  have  same  rights  as  private 

stockholder  

12 

62 

State  to  have  a lien  upon  the  property... 



12 

62 

Columbia  and  Augusta  Railroad  Co. — 

Incorporated 

1863 

Xo  limit. 

13 

171 

Succeed  to  Columbia  and  Hamburg  R.  R. 

1863 

13 

171 

Act  to  authorize  State  guaranteed  bonds 

1866 

13 

385 

Consolidate  with  C.  <fc  S.  C.  R.  R. 

Co.  as  Charlotte,  Columbia, 

and  Augusta  Railroad  Co 

1869 

14 

232 

Charter  amended... 

14 

232 

(See  Charlotte,  Columbia  and  Augusta 

Railroad.) 

Columbia  and  Greenville  Railroad  Co  ... 

(See  Greenville  and  Columbia.) 

Columbia  City  R.  R.  Co. — Incorporated.. 

1876 

1906 

16 

30 

Act  to  amend  Act  to  incorporate 

1878 

16 

562 

Columbia  and  Hamburg  Railroad  Co. — 

Chartered 

1853 

1889 

12 

250 

Act  to  incorporate 

1858 

1894 

12 

593 

Former  Act  repealed 

12 

595 

Amend  and  renew  charter  and 

change  name  to  Columbia  and 

Augusta 

1863 

13 

171 

Authorize  transfer  of  stock 

1866 

13 

385 

(See  Columbia  and  Augusta  Railroad  Co.) 

Columbia.  Laurens  and  Asheville  Rail- 

road  Co. — Incorporated 

1873 

Ho  limit. 

15 

363 

Columbia  and  Sumter  Railroad  Co.— 

Chartered 

1S66 

No  limit. 

13 

454 

Same  rights  as  were  conferred  on  Wil- 

mington  and  Manchester  Railroad  Co. 

13 

455 

Columbia,  Walterboro  and  Yemassee  Rail- 

road  Co. — Incorporated 

1871 

Ho  limit. 

14 

597 

Same  powers  as  were  conferred  bv  char- 

ter  of  Hortheastern  Railroad  Co 

14 

598 

Act  to  amend  Act  to  incorporate 

1872 

15 

70 

11 


Date 

of 

Acts. 

1 

Date  of  Ex- 
piration of 
Charter. 

1 

Yol. 

Page. 

Deep  Water  and  Western  Railroad  Co. — - 

Incorporated 

1865 

1915 

13 

358 

Same  power  conferred  by  charter  of 

. 

Spartan  bur  and  Union  R.  R.  Co 

13 

358 

1 tD 

Dockon  and  Wapahoola  Railroad  Co. — In- 

corporated 

1832 

iso  limit. 

8 

380 

Durham  Creek  Railroad  Co. — Ineorpo- 

rated 

1834 

1869 

8 

395 

Edgefield  Railroad  Co. — Incorporated.... 

1834 

No  limit. 

8 

396- 

Act  to  amend  charter 

1835 

8 

408 

Extend  time  to  carry  into  effect 

Incorporate  and  for  other  pur- 

poses 

1845 

11 

339 

Charter 

1855 

12 

393 

Edgefield  Branch  Railroad  Co. — Incor- 

porated 

1874 

27o  limit. 

15 

630 

Act  to  incorporate  and  authorize  aid... 

1878 

16 

454 

Amend  Act  to  incorporate  and 

authorize  aid 

1S79 

17 

92 

Apply  certain  funds  to  pay- 

ment  of  bonds 

1880 

17 

362 

Edgefield,  Trenton  and  Aiken  R.  R.  Co... 

Act  to  apply  certain  funds  to  pay- 

ment  of  bonds 

1880 

17 

362 

Enterprise  Railway  Co. — Incorporated... 

1870 

1900 

14 

391 

Act  to  amend  Act  to  incorporate 

1871 

14 

689 

May  connect  with  Ashley  and  Cooper 

River 

14 

689 

Fayetteville  and  Florence  Railroad  Co. — 

Incorporated 

1875 

Ao  limit. 

15 

922 

Farmers’  and  Merchants’  City  Railwav 

Co. — I ncorporat  ed 

1S66 

1887 

13 

398 

Florence  and  Fayetteville  Railroad  Co. — 

Incorporated 

1861 

iso  limit. 

13 

66 

Act  to  authorize  extension 

1875s 

15 

922 

Florence,  Lydia,  Bishopville,  and  Sumter 

Railroad  Co. — Incorporated 

1876 

1975 

16 

172 

12 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Georgetown  Railroad  Co. — Incorporated. 

1858 

1908 

12 

620 

Act  to  aid  construction 

1861 

12 

794 

Amend  charter  and  extend  road.. 

1861 

12 

810 

Act  to  aid  construction.. 

1861 

13 

50 

Charter  and  other  Acts.. 

1870 

14 

328 

Georgetown  and  North  Carolina  Nar- 

row  Gauge  Railroad  Co. — Incor- 

porated 

1878 

No  limit. 

16 

427 

Counties  interested  may  issue  bonds  and 

loan  same  to  Company 

16 

429 

Counties  to  vote  on  subscription  

16 

429 

Georgetown  and  North  Western  Nar- 

row  Gauge  Railroad  Co. — Chartered. 

1874 

No  limit. 

15 

694 

May  lease  steamers  and  cities,  etc.  In- 

terested  may  subscribe 

15 

695 

Counties  subscribing  to  be  represented 

at  Stockholders’  Convention 

To 

696 

Greenville  Railroad  Co. — Incorporated... 

1848 

No  limit. 

u 

521 

.Same  rights  granted  to  Barnwell  Rail- 

road  Co 

u 

521 

Greenville  and  Columbia  Railroad  Co. — 

Chartered 

1845 

1S81 

u 

324 

Act  to  amend  Act  to  charter 

1846 

u 

408 

Authorize  uniting  with  Spar- 

burg  and  Union  Railroad 

1847 

u 

488 

Authorize  uniting  with  Laurens 

Railroad  Co 

1847 

u 

4S9 

Aid  construction 

1348 

u 

508 

Authorize  agreement  to  connect 

with  S.  C.  & C.  & S.  C.  Rail- 

road 

1848 

u 

529 

Further  amend  Act  to  charter... 

1S49 

u 

575 

Test  certain  bridge  in  Railroad. 

1852 

12 

161 

Authorize  joining  with  Spar- 

tanburg  and  Union  Railroad.. 

1852 

12 

ISO 

Amend  charter 

1853 

12 

253 

Extend  time  for  opening  books.. 

1854 

12 

299 

Lend  the  credit  of  the  State  to 

readjust  debt 

1861 

12 

756 

Amend  charter 

1865 

13 

287 

Postpone  lien  of  the  State 

1865 

13 

291 

Amend  Act  to  lend  the  credit  of 

the  State 

1866 

13 

395 

13 


Act  to  Extend  time  to  construct  a 
branch  road  to  connect  with 

South  Carolina  Railroad 

Re-enact  Acts  to  lend  the  credit 

of  the  State 

Consolidate  with  Blue  Ridge 

Railroad 

Change  to  Columbia  and  Green- 
ville Railroad  Co.  under  pow- 
ers granted  by  Act  of. 

Greenville  and  Cumberland  Gap  Rail- 
road Co. — Chartered 

Invested  with  same  rights  as  Greenville 
and  Columbia  Railroad 

Greenville  and  French  Broad  Railroad 

Co. — Incorporated  

Act  to  authorize  aid 1 

Certain  Counties  may  subscribe  in  aid...  . 
Question  to  be  submitted  to  tax-payers... . 

Greenville  and  Laurens  Railroad  Co. — In- 
corporated  

Certain  Counties  may  issue  bonds  in  aid. . 

Act  to  amend  Act  to  incorporate 

Counties,  cities,  or  towns  may  subscribe.. . 
Question  to  be  submitted  to  vote,  and 
such  places  to  be  represented  at  stock- 
holders’ meeting 

May  consolidate  with  other  roads 

Greenwood  and  Augusta  Railroad  Co. — 

Chartered 

Act  to  amend  Act  to  charter  and  change 
name  to  Augusta,  Knoxville 

and  Greenwood  Railroad 

Certain  townships  may  sub- 
scribe to I 

Allow  payment  of  State  debt  in 

stock 

Amend  Act  to  amend  charter 

and  change  name 

Authorize  consolidation  with 
Augusta  and  Knoxville  R.  R..j 
Greenwood,  Laurens,  and  Spartanburg 
Railroad  Co. — Chartered  ! 


Date  .Date  of  Ex- 


of 

Acts. 


1866 

1869 

1871 

1876 

1875 


piration  of 
Charter. 


1896 


1856  No  limit. 
1859  


1878 


1880 


1899 


1872 


1912 


1877 


1878 

1878 

1880 

1880 


Yol. 


13 

14 
14 


16 


15 

15 


12 

12 

12 

12 


16 

16 

17 

17 


17 

17 

15 

16 


16 

16 

17 

17 


Page. 


395 

183 


590 


160 


937 

938 


428 

651 

651 

652 


348 

351 

526 

526 


527 

529 

216 


323 


339 

482 


222 


263 


14 


Date 

of 

Acts. 

Date  of  Ex- 
piration ol 
Charter. 

| 

Yol. 

Page. 

Same  rights  and  privileges  as  were  eon- 

ferred  on  Spartanburg  and  Asheville 

Railroad  Co 

264 

Act  to  charter  and  to  repeal  former  Act 

1880 

1893 

17 

494 

Cities,  etc.,  subscribing  to  be  represented 

at  Stockholders’  meeting 

1880 

17 

496 

King’s  Mountain  Railroad  Co.— Chartered 

1848 

No  limit. 

11 

499 

Act  to  alter  and  amend  charter 

1851 

12 

81 

Authorize  aid  in  constructing... 

1851 

12 

93 

Extend  road  to  North  Carolina 

line 

1855 

12 

3 i i 

Alter  and  amend  Act  to  amend 

charter 

1869 

14 

213 

Authorize  consolidation  with 

Chester  and  Lenoir  Narrow 

Gauge  Railroad  ( V> 

1873 

15 

393 

(See  Chester  and  Lenoir  Narrow  Gauge 

Railroad  Company.) 

Lancaster  Railroad  Co. — Chartered 

1852 

No  limit. 

12 

151 

Same  rights  as  were  conferred  on  Char- 

lotte  and  South  Carolina  Railroad... 

12 

152 

Lancaster  and  Camden  Railroad  Co. — In- 

corporated 

1872 

1893 

15 

204 

Entitled  to  rights  conferred  on  South 

Carolina  Central  Railroad 

15 

205 

Lancaster  and  Florence  Railroad  Co. — 

< (bartered 

1880 

No  limit. 

17 

426 

May  consolidate  with  other  roads 

17 

427 

Lancaster  and  Munroe  Railroad  Co. — 

Chartered 

1880 

No  limit. 

17 

521 

Termini  of  road.  Lancaster.  S.  C.,  and 

Munroe,  N.  C 

17 

521 

Lang.  William,  and  others,  to  construct 

railroad  to  Camden 1 

' 

1831 

1855 

8 

374 

Laurens  Bailroad  Co. — Incorporated 

1847 

No  limit. 

11 

489 

Act  to  amend  act  to  incorporate 

1848i 

11 

522 

Aid  construction 

1849 



11 

597 

Authorize  extension  to  North 

Carolina  line 

1853 

12 

254 

Transfer  stock 1 

1S53I 

12 

256 

15 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Vol. 

Page. 

Act  to  Afford  aid 

1859 

12 

653 

Amend  charter 

1861 

12 

782 

Authorize  suit  against 

1869 

14 

287 

Revise  charter 

1879 

1899 

17 

152 

Upon  the  sale  of  the  Railroad  purchasers 

may  organize 

17 

152 

Laurens  and  Asheville  Railroad  Co. — In- 

corporated 

1872 

No  limit. 

15 

2(9 

Subscription  may  be  made  by  Counties, 

towns,  etc 

15 

270 

Act  to  amend  Act  to  incorporate 

1873 

15 

363 

Name  changed  to  Columbia,  Laurens,  and 

Asheville  Railroad 

15 

363 

Little  River  and  Cheraw  Railroad  Co. — 

Incorporated 

1872 

No  limit. 

15 

117 

Route  of  Road 

15 

118 

Act  to  authorize  certain  Counties  to  is- 

sue  bonds  in  aid 

1874 



15 

569 

Certain  Counties  may  issue  bonds  for 

preferred  stock 

15 

569 

Question  to  be  voted  on  and  railroad  to 

(rive  bond  to  secure  payment  of  interest 

15 

570 

Louisville,  Cincinnati,  and  Charleston 

Railroad  Co. — Incorporated 

1835 

1856 

8 

409 

Act  to  cause  surveys 

1835 

8 

406 

Amend  charter 

1836 

8 

431 

Authorize  increase  of  rates 

1838 

8 

484 

Authorize  an  advance  on  State 

subscription 

1839 

11 

86 

Authorize  reduce  of  stock  and 

for  other  purposes 

1840 

11 

127 

Re-incorporated  under  the  name  of  South 

Carolina  Railroad  Co 

1842 

1856 

11 

234 

Act  to  change  name,  to  unite  with  South 

Carolina  Canal  and  Railroad 

Co.,  and  for  other  purposes.. 

1843 

11 

273 

(See  South  Carolina  Railroad  Co.) 

Lydia  Railroad  Co. — Chartered 

1880 

1901 

17 

424 

Rnad  t,r>  extend  from  Lydia  to  Florence.. 

17 

425 

Marion  and  Marlboro  Railroad  Co. — In- 

corporated 

1880 

1920 

17 

428 

May  merge  its  line  with  other  roads 

17 

430 

16 


Date 

of 

Acts. 


Date  of' Ex- 
piration of  Vol. 
Charter. 


Page. 


Manchester  and  Augusta  Railroad  Co. — 

Chartered 1 1870  1891 

McLean,  John,  to  construct  railroad  in 

Columbia 1831  3STo  limit. 

Metropolitan  Railroad  Co. — Incorporated  1838  No  limit. 
To  run  from  point  on  Raleigh  and  Colum- 
bia Railroad  to  point  on  Louisville, 

Cincinnati,  and  Charleston  Railroad 

Act  to  incorporate 1846  

Other  roads  may  cross 


Middle  Street.  Sullivan’s  Island  Railway 

Co. — Incorporated 1875 

Road  to  run  alonv  Middle  Street 


141  364 
8 373 

8 464 


8 465 

11  372 

11  381 


1896  15  876 

! 15  877 


Middle  Street,  Sullivan’s  Island  Railroad 

Wharf  Co. — Incorporated 1878  1899  16 

Moultrieville  Railroad  Co. — Incorporated  1873  No  limit.  15 
May  construct  road  along  the  streets 15 

Moultrieville  Hotel  Co.  to  build  railroad. — 

Incorporated 1880  1901  17 

May  build  a railroad  on  Sullivan’s  Island 

Moultrieville  Rail  or  Plank  Road  Co. — 

Chartered 1850  No  limit.  12 

Narrow  Gauge  Railroad  and  Transpor- 
tation Co. — Incorporated 1876  1906  16 

Authorized  to  cross  South  Carolina  Rail- 
road  16 

Newberry  and  Augusta  Railroad  Co. — 

Chartered 1874 

Invested  with  powers  conferred  by  char- 
ter of  Greenville  and  Columbia  R.  R 

Counties  interested  may  subscribe 

Newberry  and  Chester  Railroad  Co. — 

Chartered 1853 

May  unite  with  other  roads 

Act  to  extend  time  for  opening  books..  1854 

Incorporate 1S73 

Line  of  road 


1S95  15 


1SS9 


1894 


15 

15 


12 

12 

12 

15 

15 


404 

435 

435 


358 

359 


176 

177 

792 


793 

793 


229 

237 

299 

434 

434 


17 


Date 

of 

Acts. 

Date  of  Ex. 
piration  of 
Charter. 

Yol. 

Page. 

Invested  with  powers  conferred  on  North- 

eastern  Railroad 

15 

434 

New  York,  Norfolk  and  Charleston  Rail- 

road  Co. — Incorporated 

1873 

No  limit. 

15 

443 

Line  of  road 

15 

443 

Cities.  Towns,  or  Counties  interested  may 

subscribe  to  stock 



15 

444 

Ninety-Six  and  Aiken  Railroad  Co. — 

Incorporated  

1878 

No  limit. 

16 

801 

May  co-operate  with  other  roads 

16 

802 

Northeastern  R.  R.  Co. — Incorporated... 

1851 

1901 

12 

117 

Act  to  alter  and  amend  Act  to  incorpo- 

rate 

1S52 

12 

12 

159 

Authorize  State  aid 

1852 

187 

325 

Amend  Act  to  incorporate 

1854 

12 

Amend  charter  and  for  other 

purposes 

1855 

12 

356 

Authorize  to  continue  use  of 

present  track 

1858 

12 

12 

622 

Afford  further  aid 

1858 

622 

Require  guard  to  be  stationed  at 
road  crossing  on  Charleston 

Neck 

1878 

16 

383 

Orangeburg-  and  Santee  Railroad  Co. — 

Incorporated 

1876 

1975 

lb 

55 

To  run  from  Orangeburg  to  Santee  River 

16 

55 

May  unite  with  other  roads 

16 

55 

Pendleton  Railroad  Co. — Chartered 

1851 

No  limit. 

12 

97 

May  unite  with  Greenville  and  Columbia 
Railroad,  and  rights  reserved  to 

branch  roads 

12 

99 

Act  to  authorize  State  aid 

1852 

12 

145 

State  not  liable  for  debts 

12 

146 

Peoples’  Accommodation  Railroad  Co. — - 

Incorporated 

1874 

1973 

15 

571 

May  unite  with  other  roads 

15 

572 

Counties  interested  may  subscribe  to  cap- 

ital  stock 

15 

572 

Question  to  be  submitted  to  voters 

15 

572 

Port  Roval  Railroad  Co. — Chartered 

1859 

No  limit. 

12 

564 

2 RRC 


18 


Date 

of 

Acts. 


1870 


To  acquire  right  of  way  in  same  manner 
as  Greenville  and  Columbia  Eailroad 

Act  to  amend  Act  to  charter 

Time  for  completion  extended 

Joint  Resolution  to  extend  time  for 

completion 1871 

(Purchased  by  Port  Royal  and  Aug.  E.E.V 

Port  Royal  and  Augusta  Railroad  Co.... 

Joint  Resolution  to  release  from  cer- 
tain taxes 1878 

Railroad  Accommodation  AVharf  Co. — In- 
corporated  1856 

Sec.  10.  Incorporates  and  fixes  capital 

stock 1 


Date  of  Ex- 
piration of  YolJPage. 
Charter.  I 


]STo  limit. 


Railroad  Rolling  Stock  Manufacturing 


Co. — Incorporated. 


Raleigh  and  Augusta  Air  Line  Railroad 

Co. — Incorporated 

Sec.  2.  Authorized  to  extend  road  to 
Columbia 


1875 


1878 


Raleigh,  Columbia,  and  Augusta  Air  Line 

Railroad  Co. — Chartered 1872 

Invested  with  rights  conferred  on  North- 
eastern Railroad  Co 

(See  Raleigh  and  Augusta  A.  L.  R.  R.  Co.)j 

Richmond  and  Atlanta  Air  Line  R.  R.  Co. 

Act  relating  to  purchase  of  railroad  bonds  187 6 
duty  of  certain  County 

Treasurers,  as  to 1876 

Property  was  purchased  by  “ Atlanta  and 

Charlotte  Air  Line  Railroad  Co.” 

(See  Atlanta  and  Charlotte  A.  L.  R.  R.  Co.) 

Savannah  and  Charleston  Railroad  Co. — 

Incorporated 1866 

Same  privileges  as  were  granted  to 

Charleston  and  Savannah  R.  R.  Co 

Authorized  to  purchase  property  ofi 

Charleston  and  Savannah  E.  E.  Co... 


1908 


1971 


Liability  of  company  to  pay  certain  bonds 
Act  declaring  right  of  way  across  road  1871 


No  limit. 


12 

14 

14 

14 


565 

379 

379 

709 


16,  824 


12 

12 


454 

455 


1905  15  946 


16 

16 

15 

15 

16 
16 


370 

370 

108 

109 

125 

141 


13 

13 


406 

407 


13  409 

13  414 

14  595 


19 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol.  Page. 

Savannah  Valley  R.  R.  Co. — Chartered... 

1878 

1888 

16 

435 

Certain  cities  or  towns  may  subscribe  7 

per  cent,  bonds  in  aid 

16 

436 

Certain  townships  may  subscribe,  but 

• 

question  to  be  first  voted  on 

16 

437 

Act  to  amend  Act  to  charter 

1878 

16 

816 

Amend  Act  to  charter 

1880 

17 

418 

May  consolidate  with  other  roads 

17 

419 

Savannah  River  Aralley  Railroad  Co. — 

Chartered 

1852 

1888 

12 

171 

Same  powers  as  were  conferred  by  charter 

of  Greenville  and  Columbia  R.  R.  Co. 



12 

171 

Act  to  amend  charter  and  grant  aiu.... 

1854 

12 

286 

Xame  changed  to  Savannah  Valiev  Rail- 

road  Co 

12 

287 

State  not  liable  for  the  debts... 

287 

Act  to  amend  charter,  and  for  other 

purposes 

1855 

12 

391 

May  construct  branch  to  Abbeville  .. 

12 

391 

Name  chano-pd  to  Savannah  Yal  R R (V) 

12 

392 

May  connect  with  other  roads... 

12 

392 

Sea  Island  Railroad  Co. — Incorporated... 

1874 

No  limit. 

15 

639 

Same  rights  as  were  conferred  on  Port 

Royal  Railroad 

15 

640 

May  construct  wharves 

15 

640 

Shelby  and  Broad  River  Railroad  Co.— 

Chartered 

1803 

1962 

13 

137 

"P  r i v i 1 ft crfts  and  liabilities 

13 

138 

Act  to  grant  State  aid 

1863 

13 

179 

State  not  liable  for  debts.. 

180 

Act  to  amend  Act  to  charter 

1863 

13 

Authorized  to  increase  stock  and  number 

191 

of  Directors 

13 

191 

Authorized  to  construct  branches 

13 

192 

South  Atlantic  Railroad  Co. — Chartered. 

1876 

1926 

16 

84 

Line  of  road 

16 

85 

May  consolidate  with  other  roads 

16 

86 

South  Carolina  Central  Railroad  Co. — 

Chartered 

1869 

No  limit. 

14 

259 

Same  rights  as  were  conferred  on  North- 

eastern  Railroad  Co 

14 

260 

May  co-operate  with  N,  C,  corporation,,, 

1 

14 

260 

20 


Date 

of 

Acts. 

Date  of  Ex- 
pi  ration  oi 
Charter. 

1 

Yol. 

Page. 

South  Carolina  Canal  and  Railroad  Co. — 
Incorporated 

1827 

1863 

8 

351 

Act  to  amend  Act  to  incorporate 

1828 

8 

355 

Concerning 

1832 

8 

380 

• ° 

( /oncernmg* 

1833 

8 

384 

Concerning 

1838 

8 

484 

To  unite  wit  h Louisville,  Cincinnati 
and  Charleston  Railroad 

1812 

11 

231 

Change  name  to  South  Carolina 
Railroad  Co.,  and  to  unite 
with  Louisville,  C.  & C.  R.  R. 

1843 

11 

273 

Authorize  to  construct  branch 
road  to  Camden 

1841 

11 

298 

Provide  for  funding  the  debt... 

1818 

11 

528 

Authorize  to  project  passenger 
house 

1819 

11 

611 

Authorize  payment  of  install- 
ments due  on  State  shares 

1850 

12 

61 

Test  title  to  certain  lots  in  Co- 
lumbia  

1851 

12 

116 

Authorize  to  construct  bridge 
over  Congaree  River 

1852 

12 

160 

Release  pledge  of  railroad  shares 
to  State 

1852 

12 

171 

Authorize  to  construct  bridge 
over  "VVateree  River 

1853 

12 

255 

Authorize  to  retain  present 
bridge  over  Wateree  River.... 

1858 

12 

602 

Lend  credit  of  State  to  secure 
certain  bonds,  and  for  other 
purposes 

1865 

13 

356 

Joint  Resolution  to  authorize  Attorney 
General  to  proceed  against 

1870 

11 

119 

Act  to  require  guard  to  be  stationed  on 
Charleston  Xeek 

1878 

16 

363 

Joint  Resolution  directing  remission  of 
penalties 

1SS0 

17 

537 

South  Carolina  Railroad  Co 

(See  South  Carolina  Canal  and  R.  R.  Co.) 
South  Carolina  Steamship  and  Railroad 
Transfer  Companv 

1S78 

1S99 

16 

600 

Spartanburg  Railroad  Co. — Chartered.. . . 

1819 

18S5 

11 

560 

Spartanburg  and  Aiken  Railroad  Co.— In- 
corporated  

1872 

Xo  limit. 

15 

17G 

21 


Date 

of 

Acts. 

Date  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

Entitled  to  privileges  conferred  on  Green- 

ville  and  Columbia  Railroad 

15 

177 

Act  to  amend  Act  to  incorporate 

1873 

15 

422 

School  Districts  may  subscribe  to  stock.. 

15 

423 

Two-thirds  of  voters  to  vote  to  subscribe 

to  stock 

15 

423 

Treasurer  to  collect  the  same 

Spartanburg  and  Asheville  Railroad  Co. — 

Incorporated 

1873 

1903 

15 

346 

Invested  with  privileges  granted  to  Green- 

ville  and  Columbia  Railroad 

15 

348 

Road  to  be  built  without  State  aid.  and 

may  be  extended  to  Columbia 

45 

349 

Act  to  amend  Act  to  incorporate 

1874 

15 

540 

Certain  Counties,  cities,  or  towns  may 

subscribe  to  stock 

15 

540 

Amount  limited,  and  question  to  be  sub- 

mitted  to  voters 

15 

541 

Act  to  regulate  payment  of  certain 

bonds 

1876 



16 

40 

Require  certain  Counties  to  pay 

bonds 

1876 

16 

125 

Authorize  aid  in  construction.... 

1878 

16 

430 

Amend  Act,  to  incorporate... 

1873 

17 

23 

Spartanburg  and  Augusta  Railroad  Co. — 

Chartered 

1878 

No  limit. 

16 

610 

Certain  Counties  may  issue  bonds  in  aid 

16 

610 

Counties  to  vote  on  subscription 

16 

611 

Line  of  road 

16 

612 

Spartanburg  and  Rutherford  Railroad 

Co. — Incorporated 

1877 

Ao  limit. 

16 

272 

Same  rights  as  were  conferred  by  law  on 

Northeastern  Railroad 

16 

273 

May  consolidate  with  other  roads  and 

adopt  corporate  name 

16 

274 

Spartanburg  and  Port  Royal  R.  R.  Co. — 

Chartered 

1872 

No  limit. 

15 

210 

Spartanburg  and  Union  Railroad  Co. — 

Chartered 

1847 

1883 

11 

479 

Act,  to  amend  charter 

1848  

11 

519 

A 11th dim ze  St t p,  aid 

1 8b  0 

12 

59 

Amend  Act  to  authorize  State  aid 

1852 

12 

179 

22 


Date  Date  of  Ex- 
of  pirationof  Vol.  Pag 
Acts. i Charter. 


Act  to  authorize  Act  to  extend  road  to 

North  Carolina  line 

Amend  charter 

Afford  aid  in  the  completion  of 

the  road 

Relieve 

Authorized  to  extend  road  to  Columbia-., 
Joint  Resolution  to  remit  certain  tax 

penalties 

Act  to  authorize  aid  to  Spartanburg  and 

Asheville  Railroad  Co 

Authorize  S t at  e guaranteed 
bonds  to  be  proven  before 

Court  of  Claims  

Authorize  State  guaranteed 

bonds  to  be  funded 

Authorize  James  S.  Gibbes  to 
prove  State  guaranteed  bonds 
before  Commissioner  of  Court 
of  Claims 

Spartanburg,  Union  and  Columbia  Rail- 
road Co  

Act  to  authorize  aid  to  Spartanburg 

and  Asheville  Railroad  Co 

(See  Spartanburg  and  Union  R.  R.  Co.) 


Street  Railway  Co.  of  Greenville. — In- 
corporated   

Line  of  road 


1853; 

1855 


1857 

1865 


1875'. 


1878 


1878! 


1878 


12  21 
121 

121  55 

13  21 

13  21 

15  10( 

16  4$ 


1878  16  5t 

1878  16  61 


16  6! 


16  4i 


1875  1896  15  81 

15 


Street  Railway  Co.  of  Walballa. — Incor- 
porated  

May  issue  bonds 


Sullivan’s  Island  Rail  or  Plank  Road  Co. — 
Incorporated 


Tugaloo  and  Chattanooga  Railroad  Co. — 

Incorporated 

Same  powers  as  were  conferred  by  char- 
ter on  Greenville  and  Columbia  R.  R. 


Union,  Gaffney  City  and  Rutherfordton 

Railroad  Co. — I ncorporated 

May  connect  or  consolidate  with  other 
roads 


1878  1S99  16  4t 

16  4< 


1850  Xo  limit.  12 

1871  1907  14  61 

14  61 


1878 


1908 


16  5( 

16  5 


23 


Hate 

of 

Acts. 

Hate  of  Ex- 
piration of 
Charter. 

Yol. 

Page. 

"ictoria  Eailroad  Co. — Incorporated 

1874 

1924 

15 

505 

ame  powers  as  were  conferred  by  char- 

ter  of  Spartanburg  and  Union  Eail- 

road  Co 

15 

596 

Walterboro  Eailroad  or  Tramway  Co. — 

Incorporated 

1878 

16 

502 

[ay  issue  bonds 

16 

503 

Wateree  and  Hamburg  Eailroad  Co. — 

Chartered 

1853 

1889 

12 

248 

ame  powers  as  were  conferred  on  Spar- 

tanburg  and  Union  Eailroad  Co 

12 

249 

W ateree  and  North  Carolina  Eailroad 

Co. — Incorporated 

1869 

1919 

14 

261 

ame  powers  as  were  conferrred  on 

Northeastern  Eailroad  Co 

14 

262 

Williamsburg  Eailroad  Co. — Incorpo- 

rated 

1876 

No  limit. 

16 

32 

ame  rights  and  privileges  as  were  eon- 

ferred  on  Northeastern  Eailroad 

16 

33 

Act  to  amend  Act  to  incorporate 

1878 

16 

749 

lame  changed  to  Central  Eailroad  Co... 

16 

747 

O 

Act  to  amend  amendino-  Act 

1879 

17 

195 

[ranting  perpetuity 



17 

195 

Wilmington  and  Carolina  Eailroad  Co. — 

Incorporated 

1870 

No  limit. 

14 

389 

uceeed  to  Wilmington  and  Manchester 

Eailroad  Co 

14 

389 

authorized  to  change  line  and  extend 

road 

14 

390 

mthorized  to  lease  other  roads 

14 

391 

Wilmington,  Columbia,  and  Augusta  Eail- 

road  Co 

Wilmington  and  Manchaster  Eailroad 

Co. — Chartered 

1846 

No  limit. 

11 

381 

loute  of  road 

11 

382 

Act  to  aid  in  constructing 

1848 

11 

503 

itate  not  liable  for  debts  of  the  road 

11 

504 

Act  to  amend  charter 

1852 

12 

132 

Ixtend  road  to  some  point  on  South  Car- 

olina  Eailroad 

1854 

12 

132 

24 


Date  Date  of  Ex- 
of  piration  of  Vol.  Page. 
Acts’  Charter. 


Act  to  amend  charter 

Act  to  charter 

Create  preferred  stock 

(See  Wilmington  and  Carolina  Railroad 
Co.) 

Winy  ah  Bay  and  Santee  Railroad  Co. — 

incorporated 

To  run  from  Georgetown  to  Santee  River. 
Invested  with  powers  conferred  on  North- 
eastern Railroad 


1859 


1873  No  limit. 


Ycmassee  and  Millen  Railroad  Co. — Char- 
tered  


1871 


12  341 

12  709 

12  710 


15  431 

15  432 

15  432 


1892  14  670 


Shall  have  same  rights  conferred  on  Sa- 
vannah and  Charleston  Railroad  Co 14  671 

Act  to  amend  Act  to  charter 1 1872  15  70 

Time  to  complete  the  work  extended 15  70 


25 


LIST  OF  ACTS  RELATING  TO  RAILROADS  GEN- 
ERALLY. 


Late 

of 

Acts. 

Vol. 

Page. 

Corporations  declared  subject  to  Legislative 
authority,  repeal,  etc'. 

1841 

11 

168 

To  punish  obstructions  on  railroad  and  for 
other  purposes 

1851 

12 

91 

Act  to  release  from  pledge  railroad  shares  be- 
longing to  State 

1852 

12 

174 

Actions  against 

1859 

12 

713 

To  regulate  reports  of  railroad  company  and 
filing  same 

1861 

13 

57 

Act  regulating  reports  of  the  railroad 

1861 

13 

713 

Act  to  define  rights  and  liabilities  of  railroad... 

1864 

13 

233 

Ordinance  to  repeal  Acts  pledging  credit  of 
State 

1868 

R.  S. 

LX. 

Mode  of  acquiring  lands  and  right  of  way  

1868 

14 

89 

Proceedings  against  on  failure  to  pay  guaran- 
teed debts 

1871 

14 

612 

Act  to  regulate  rights  and  powers  of  railroad... 

1870 

14 

334 

Relating  ta  railroad  property  

1868 

14 

34 

To  prevent  unjust  discrimination 

1878 

16 

784 

To  create  Railroad  Commissioner  and  define 
his  duties 

1878 

16 

789 

To  furnish  consignee’s  itemized  statement  of 
freight  charges 

1879 

17 

24 

To  amend  statutes  relating  to  obstructing  rail- 
road  , 

1879 

17 

101 

Railroad  Commissioner’s  pay 

1879 

17 

127 

As  to  fences  in  Anderson  and  Pickens 

1880 

17 

244 

Railroad  Commissioner’s  pay 

1880 

17 

261 

Railroad  to  build  stock  guard  or  cattle  gap 

1880 

17 

328 

Railroad  Commissioner’s  pay  and  duties 

1880 

17 

375 

Railroad  company  to  close  accounts . . 

1880 

17 

416 

3 RRC 

) 


THIRD  ANNUAL  REPORT 


OF  THE 


RAILROAD  COMMISSIONER 


OF  THE 


STATE  OF  SOUTH  CAROLINA. 


COLUMBIA,  S.  C. 

•JAMES  WOODROW/' ATATE  PRINTER. 
1881. 


THIRD  ANNUAL  REPORT 


OF  THE 


RAILROAD  COMMISSIONER 


OF  THE 


STATE  OF  SOUTH  CAROLINA. 


PART  I. 


COLUMBIA,  S.  C. 

JAMES  WOODROW,  STATE  PRINTER. 


1881. 


LETTER  OF  TRANSMITTAL. 


Office  of  the  Eailroad  Commissioner, 
Columbia,  S.  C.,  November  22,  1881. 

To  His  Excellency  Johnson  Hagood, 

Governor  of  the  State  of  South  Carolina : 

Dear  Sir:  I have  the  honor  of  transmitting  to  you,  to  be  laid  before 
the  Legislature,  my  Third  Annual  Report  as  Railroad  Commissioner. 

M.  L.  BONHAM,  Railroad  Commissioner. 


REPORT. 


The  Office  of  Rail  Road  Commissioner, 

Columbia,  S.  C.,  November  20,  1881. 

To  the  Legislature  of  South  Carolina : 

I have  the  honor  to  submit  my  Third  Annual  Report. 

THE  RAILROADS  AND  THEIR  RETURNS. 

The  Report  contains  returns  from  all  the  completed  roads  of  the 
State,  and  a meagre  one  from  the  Augusta  and  Knoxville. 

The  “Central  Railroad  of  South  Carolina,”  it  seems,  “properly  se- 
cured” a charter  about  the  1st  February  last.  Up  to  12th  July  last  11 
miles  of  old  iron  rails  were  laid  on  the  track  from  Lane’s  on  the  North 
Eastern  Railroad  to  within  two  miles  of  Foreston.  It  was  contem- 
plated then  by  Mr.  S.  S.  Solomons,  the  President,  to  enlarge  the  plans 
of  the  Company  and  “obtain  the  means  of  building  the  road  to  Sum- 
ter.” I have  been  unable  to  get  any  further  report  from  this  Company. 

Since  this  Report  was  prepared  the  following  appeared  in  the  press : 

“The  Central  Railroad. — Work  on  the  Central  Railroad  of  South 
Carolina  is  making  very  encouraging  progress.  The  grading  along 
the  whole  line  from  Lane’s  Station  on  the  Northeastern  Railroad  to 
Sumter  has  been  nearly  completed  and  made  ready  for  the  iron. 
Track  laying  is  going  on  at  both  ends  of  the  line.  The  best  materials 
are  being  used  in  the  construction  of  the  road  and  the  work  so  far 
finished  has  been  done  in  a thorough  manner.” 

It  is  an  important  link  by  which  an  additional  railroad  communi- 
cation between  Columbia  and  Charleston,  only  about  six  miles  longer 
than  that  of  the  South  Carolina  Railroad,  will  he  established  and 
which  will  develop  an  interesting  portion  of  the  State. 

The  Barnwell  Railroad  running  from  Blackville  to  Barnwell,  accord- 
ing to  the  account  given  in  answer  to  my  inquiries,  bjT  Mr.  J.  W. 
Woodward,  is  best  described  in  his  own  words:  “The  Barnwell  Rail- 
road was  incorporated  by  an  Act  of  the  General  Assembly,  A.  D.  1859, 
and  by  divers  Acts  since  that  time  enlarged,  extended,  and  renewed. 
At  present  there  is  no  Barnwell  Railroad  Company,  the  undersigned 
having  bought  out  the  interest  of  the  stockholders  in  that  corporation, 
and  bought  up  the  fee-simple  title  to  the  lands  through  which  the 


6 


road-bed  runs,  from  the  original  owners  thereof.  And  [he]  is  now  oper- 
ating a Tramway  on  his  own  land  and  hopes  to  extend  it  into  a regu- 
lar Railroad.  But  when  that  is  done,  it  may  or  may  not  be  a char- 
tered corporation,  but  private  property.” 

There  are  other  pi’ojected  railroads  on  the  Savannah  River  side  of 
the  State  partially  graded,  which  when  completed  will  connect  Char- 
leston with  Knoxville  by  one  or  more  passes  through  the  mountains, 
and  may  thus  realize  the  dream  of  our  public  men  of  fifty  years  ago, 
by  a different  route  from  the  Atlantic  to  the  mountains,  from  that 
contemplated  by  them.  These  are  the  Atlantic  and  French  Broad 
Valley  Road,  to  extend  from  Trickem.  on  the  Augusta  and  Knoxville 
Railroad,  by  Abbeville,  Belton,  on  the  C.  & Cf.  R.  R.,  Easley  on  the 
Atlanta  & C.  A.  L.  11.  R.,  and  Pickens  C.  II..  to  Asheville,  X.  C..  vari- 
ous portions  of  which  are  now  being  graded.  Thus  the  interior  city 
of  Augusta  and  the  Atlantic  seaports  of  Charleston,  Port  Royal,  and 
Savannah,  will  be  brought  in  direct  communication  with  the  city 
of  Asheville  beyond  the  mountains  and  by  the  Western  Xorth 
Carolina  and  the  Cincinnati  Cumberland  Gap  and  Charleston 
R.  R.,  now  owned  by  the  E.  T..  V.  & Georgia  R.  R.  Co.,  (which 
latter  Company  proposes  to  unite  with  the  Western  X.  C.  at 
the  State  line,  near  Paint  Rock),  with  Morristown  and  Knoxville. 
But  should  the  Blue  Ridge  Railroad  be  completed  from  Walhalla.  a 
much  shorter  line  from  Knoxville  to  Charleston  will  be  obtained  by 
the  route  from  Knoxville  to  Maryville,  and  thence  by  the  Blue  Ridge 
to  Anderson  in  this  State;  from  Anderson  by  the  Savannah  Valley 
Railroad  to  Dorn’s  Mine  on  the  Augusta  and  Knoxville  Railroad, 
and  a short  gap  of  twenty  miles  to  be  built  between  Dorn's  Mine  and 
Edgefield  connecting  there,  with  the  Edgefield,  Trenton  and  Aiken 
Railroad,  the  grading  of  which  is  now  nearly  completed,  and  by  the 
South  Carolina  Railroad  to  Charleston.  By  the  Asheville  and  Spar- 
tanburg, when  completed,  there  will  be  another  line  from  the  moun- 
tains to  Charleston,  through  the  heart  of  the  State. 

All  the  roads  are  now  out  of  the  hands  of  Receivers  except  the 
South  Carolina,  'which  has  been  sold,  but  which  for  the  present,  re- 
mains under  the  control  of  the  old  officers  of  the  former  company. 

Since  the  Report  was  prepared,  the  organization  of  the  purchasing 
Company  has  been  completed,  and  the  property  has  passed  into  its 
hands. 

Of  the  eighteen  roads  reporting  (the  Report  of  the  Blue  Ridge  being 
included  in  that  of  the  Columbia  & Greenville),  sixteen  are  standard, 
and  two  narrow  gauge.  They  control  and  operate  1.741.4  miles,  ex- 
clusive of  sidings,  1,416.7  of  which  are  in  South  Carolina. 

Upon  the  relative  value  to  the  country  of  the  standard  and  narrow 


7 


gauge  roads,  I have  appended  to  this  report  two  very  interesting 
articles,  maintaining  opposite  views. 

The  following  table  shows  the  increase  and  decrease  in  mileage. 

~ o 


Alteration  in  Mileage. 


Increase. 

Decrease. 

RAILROADS. 

Total. 

In  S.C. 

Total. 

In  S.C. 

Asheville  & Spartanburg 

_2 

Atlanta  & Charlotte  Air  Line 

1.6 

Augusta  & Knoxville 

30 

14. 

Charleston  & Savannah 

19 

5. 

Charlotte,  Columbia  & Augusta 

.6 

Cheraw  & Chester  

2, 

9 

Chester  & Lenoir 

13 

Total 

45 

17.8 



19 

5.6 

Total  increase 

26 

12.2 

There  have  been  45  miles  of  new  road  constructed  and  in  operation, 
16  of  which  are  in  South  Carolina. 

There  are  381.97  miles  of  steel  rails — an  increase  of  119.37  since  the 
date  of  my  last  Report.  The  number  of  miles  of  steel  rails  in  South 
Carolina  cannot  be  accurately  ascertained  from  the  returns. 


Atlanta  & Charlotte  Air  Line 8. 

Charleston  & Savannah 22. 

Charlotte,  Columbia  & Augusta 18.57 

Columbia  & Greenville 6.3 

Northeastern 1. 

South  Carolina 54.5 

Wilmington.  Columbia  & Augusta 9. 


Total 119.37 


8 


Rolling  Stock. 


1879-80. 

1880-81. 

Number  of  Locomotives 

169 

187 

Number  of  Passenger  Cars 

124 

146 

Number  of  Freight  Cars 

2123 

2229 

Number  of  Express,  Mail  and  Baggage  Cars... 

53 

41 

Number  of  other  Cars 

133 

135 

Number  of  Locomotives  with  train  brake 

36 

55 

Number  of  Cars  with  train  brake 

95 

125 

PASSENGER  AND  FREIGHT  TRAFFIC. 

There  have  been  transported  764,195  passengers  and  1.139.481.30 
tons  of  freight.  Passenger  mileage  is  26.023.335  ; freight  mileage 
87,000,290. 

The  Ashley  River,  Cheraw  and  Chester,  and  Augusta  and  Knox- 
ville make  no  report  of  passenger  transportation  ; and  the  Spartan- 
burg, Union  and  Columbia  reports  only  from  1st  to  30th  June.  1881. 
The  roads  reporting  freight  transportation  are  the'  Atlanta  and  Char- 
lotte Air  Line,  Columbia  and  Augusta,  Chester  and  Lenoir.  Port 
Royal  and  Augusta,  South  Carolina,  and  Wilmington.  Columbia  and 
Augusta.  The  average  amount  received  from  passengers  is  SI  71.  and 
the  average  rate  per  mile,  4 cents.  The  average  amount  received  per 
ton  of  freight  is  S2  56,  and  the  average  rate  per  ton  per  mile  is  2 
cents. 

The  following  table  exhibits  the  average  amount  received  for  each 
passenger  and  ton  of  freight  carried  and  the  average  rate  per  ton 
per  mile  for  freight  for  the  years  1879-80  and  1880-81: 


9 


ROAD. 

Passengers. 

Freight. 

! ' _ 

1880. 

1881. 

1880. 

1881. 

Average 

amount 

received 

Average 

amount 

received 

Soy;  s So  3 

llljl?* 

Average 

amount 

received 

r- 

3 ^ 

A.  & C.  A.  L 

82.74 

82.15* 

82.76:  80.019 

82.76 

so.  021 

Charleston  & Savannah... 

1.82  0.029 

1.88 

0.027 

C„  C.,  & A 

2.35 

1.83 

2.65  0.035 

2.46 

0.032 

( 'heraw  & Darlington 

.65 

.60 

X ort heastern 

1.91 

2.10 

South  Carolina 

1.57 

1.45' 

3.00  0.025 

2.80 

0.024 

\Y.,  C.,  & A 

2.10 

1.93[ 

2’3'J| 

2.59 

Total 

81.96 

S1.7S| 

82.85  $0,026 

$2.56,  $0,025 

These  are  the  only  roads  that  have  made  this  report  for  both 
years. 

TRAIN  MILEAGE. 


The  following  table  shows  the  number  of  miles  run  by  trains: 


Passenger  trains 2,723,843 

Freight  trains 6.991,372 

Other  trains ■ 419.574 

Laurens  (mixed  trains) 27.757 


Total 10.162.54t; 

The  Ashley  River,  Augusta  and  Knoxville,  Cheraw  and  Chester, 
and  Northeastern  Roads  make  no  report  of  train  mileage. 

ACCIDENTS. 

1879-80.  1880-1. 

Passengers  killed  from  causes  beyond  their  own  con- 


trol  0 0 

Employees  killed  from  causes  beyond  their  own  control  0 1 

Others  killed  from  causes  beyond  their  own  control...  5 0 

Passengers  killed  by  their  own  want  of  caution 1 0 

Employees  killed  by  their  own  want  of  caution 9 9 

Others  killed  by  their  own  want  of  caution 7 11 

Passengers  injured  from  causes  beyond  their  own  con- 
trol  0 8 

2 RRC 


10 


Employees  injured  from  causes  beyond  their  own  con- 


trol  2 7 

Others  injured  from  causes  beyond  their  own  control.  4 G 

Passengers  injured  by  their  own  want  of  caution 4 3 

Employees  injured  by  their  own  want  of  caution 4 24 

Others  injured  by  their  own  want  of  caution 0 7 

Total  number  killed 22  21 

Total  number  injured 14  49 


1292  animals  have  been  killed,  for  which  $25,217.85  have  been  paid. 
The  Northeastern  and  AT..  0.  & A.  Railroads  report  the  amount 
paid,  without  the  number  killed.  The  Spartanburg,  Union,  and 
Columbia  reports  one  killed,  without  the  amount. 


PROPORTION  OF  PASSENGERS  KILLED  AND  INJURED  TO  THE  NUMBER  CAR- 
RIED. 


Years. 

Passengers  Pass’gerslPass’gers 
Carried.  1 Killed.  ' Injured. 

Proportion 

Killed. 

Proportion 

Injured. 

1879-80 

4S6.733 

1 

4 

1 to  486.733 

1 to  121.683 

1880-81 

764.195 

0 

8 

None. 

1 to  95.524 

Total 

1,250,928 

1 

12 

1 to  1.250.928 

1 to  104.244 

It  is  gratifying  to  report  that  there  has  been  no  passenger  killed 
for  the  nine  months  preceding  the  30th  June.  1881.  upon  the  railroads 
in  this  State,  and  none  for  the  two  and  one-half  years  previous  t<> 
that  date,  by  any  fault  of  the  railroads. 

CAR  COUPLING. 

So  many  employees  of  railroad  companies  are  killed  or  injured  in 
the  act  of  coupling  cars,  that  I recommend  the  passage  of  an  Act 
similar  to  that  of  Connecticut,  which  provides  that  ‘-'every  car 
owned  or  controlled  by  any  railroad  company  located  or  operating  a 
line  of  railroad  in  this  State  shall  be  provided  with  coupling  appa- 
ratus, the  proper  use  of  which  does  not  require  the  presence  of  any 
person  between  the  cars  at  the  time  of  coupling.” 

CAPITAL  STOCK. 

The  capital  stock  is  $11,912,470,  an  increase  over  last  year  of 
$3,436,350,  as  follows  : 


11 


Asheville  and  Spartanburg $1,050,000  00 

Augusta  and  Knoxville 72,000  00 

Charleston  and  Savannah 300,200  00 

Cheraw  and  Chester 6,900  00 

Chester  and  Lenoir 7,250  00 

Columbia  and  Greenville 2.000,000  00 


Of  these  roads  the  Asheville  and  Spartanburg,  Augusta  and  Knox- 
ville, Charleston  and  Savannah,  and  Columbia  and  Greenville  (then 
the  Greenville  and  Columbia)  made  no  report  of  capital  stock  last 
year. 

DEBT. 


The  Funded  Debt  is  $18,402,110.73.  an  increase  of  $5,4-41,052.22, 


distributed  as  follows  : 

Increase. 

Decrease. 

Ashley  Fiver 

A.  C.  A.  L 

$48,000  00 

$4,500  00 

Aug,  & K 

C.  C.  & A 

630.000  00 

3,583  00 

C.  & L 

79,500  00 

C.  & G 

K.  E 

3,000.000  00 

30,214  51 

P.  R.  & A 

761.850  00 

W.  C.  & A 

960.000  00 

Total 

$5,479,350  00 

$38,297  78 

38,297  78 

Total  increase 

The  unfunded  debt  is  $521,033.81, 

a decrease  of  $1' 

76,183.89,  as 

follows: 

Increase. 

Decrease. 

Ashley  River 

Charlotte,  Columbia,  and  Augusta  

$145,735  66 

Cheraw  and  Chester 

14,617  47 

Cheraw  and  Salisbury 

Chester  and  Lenoir 

5.000  00 

23,595  00 

ZSTortheastern 

Port  Royal  and  Augusta 

79.230  52 

11.366  58 

Spartanburg,  Union  and  Columbia 

Wilmington,  Columbia,  and  Augusta.. 

12.422  13 

85,000  00 

Total 

$104,130  82 

$280,314  71 

104.130  82 

Total  decrease 


..$176,183  89 


12 


The  total  debt  is  $18,923,150  54.  an  increase  of  $5,264,868  33.  as 
follows : 


Ilicreas 

>e. 

Decrease. 

Ashley  River 

$2,978 

17 

Atlanta  and  Charlotte  Air  Line 

48,000 

00 

Augusta  and  Knoxville 

Charlotte,  Columbia  and  Augusta 

630,000 

00 

$149,318  93 

Cher  aw  and  Chester  

Cheraw  and  Salisbury 

5.000 

00 

14.617  47 

Chester  & Lenoir 

55,905 

00 

Columbia  and  Greenville 

Northeastern 

....  3,000.000 

50 

41.581  09 

Port  Royal  and  Augusta 

....  841,080 

52 

Spartanburg.  Union  and  Columbia 

Wilmington.  Columbia  and  Augusta.... 

....  972.422 

13 

85.000  (Mi 

Total 

82 

$290,517  40 

290.517 

49 

33 

There  was  no  report  of  the  debt  of  the  Greenville  and  Columbia 
(now  Columbia  and  Greenville)  and  Augusta  and  Knoxville  roads 
last  vear.  The  Laurens.  South  Carolina,  and  Spartanburg.  Cnion 
and  Columbia  Railroads  make  no  report  of  debt  this  year. 

Cost. 

The  total  cost  of  roads  as  reported  is  $27,477,913.07.  Five  roads 
report  the  cost  of  road  at  $2  195.474.61 — $14,834.28  per  mile.  Two 
report  cost  of  equipment  at  $31.345 — $454.27  per  mile.  Seven  do 
not  report  cost  of  road  and  equipment  separately,  hut  report  the  total 
cost  at  $25.251.093.46 — $25,327.07  per  mile.  Five  make  no  report  of 
cost.  It  is  impossible  to  ascertain  the  actual  amount  expended  for 
construction  and  equipment  by  reason  of  the  fact  that  many  of  the 
roads  are  not  in  the  hands  of  the  original  owners,  and  the  present 
owners  have  no  means  of  arriving  at  the  knowledge.  Of  the  in- 
crease of  cost — $1,403.036.40 — $1,146,563.89  was  not  reported  last 
year.  The  remainder.  $256,472.51.  is  the  amount  expended  for  con- 
struction and  equipment  during  the  year. 

I xeon  e. 

The  total  income  is  $5,798,217.15  against  $4,951,413.92  last  year,  an 
increase  of  $846,803.23,  or  17  per  cent.  Income  per  mile  of  Road  is 
$3,387.99  against  $2,886.44  last  year. 


13 


The  following  table  exhibits  the  sources  from  which  the  income 
was  derived : 


Per 

Prom  Passengers $1,313,782  23 

From  Mails 259.602  91 

Other  Sources  Passenger  Department...  33.238  57 

From  Freight 3,926.081  52 

From  all  other  sources *265,511  92 


Total $5,798,217  15 


ct.  of  Total. 
22.6 
4.4 
.6 
67.8 
4.6 


100.0 


♦Including  “total  income”  of  Ashley  River,  and  Spartanburg, 
Union,  and  Columbia,  June  1.  1880.  to  March  31.  1881,  not  distributed 
among  the  different  sources. 

The  following  is  a comparative  statement  of  income  for  two  years: 


Passenger  Freight 

Department.  Departm ent. 

All  Other 
Sources. 

Total. 

1879-80. 

$1,477,614  17  $3, 314.278  23$ 

93.487  52 

*$ 

4.951.413 

92 

1880-81. 

1.606,623  71  3,926.081  52 

156.150  68 

O 

5,798,217 

15 

♦Including  $6,034,  total  income  of  Ashley  River  Railroad, 
including  $6,102.29,  total  income  of  Ashley  River  Railroad,  and 
$103,258.95,  total  income  of  Spartanburg,  Union  and  Columbia  Rail- 
road from  June  1st,  1880.  to  March  31st,  1881. 

EXPENSES. 


The  “Total  Expenses”  are  $4,253,904  02;  against  $3,585,766  61 
last  year — an  increase  of  $668,137  41.  or  18  per  cent.  Expense  per 
mile  of  road  is  $2,442  87  ; against  $2,090  33  last  year. 

The  following  is  an  exhibit  of  the  expenses: 


f Total  C.  & L. 


Mot  included  in 


.$1,493,298 

75 

35.1  per  ct. 

. 1,247.195 

13 

29.3 

. 1.053,005 

79 

24.8 

,.  367,662 

85 

8.6 

22.281 

-•> 

20  1 
1 

*>  •) 

1 56.713 

30  j 

0 13.747 

.$4,253,904 

00  J 
02 

100. 

14 


The  following  is  a comparative  statement  of  income  and  expenses 
for  1879-80  and  1880-81  : 


Increase 

Income. 

Expenses 

Xet  Income. 

of  Xet 

1 

Income. 

1879-80.. 

84.951.413  92 

83.585.766 

61 

81.365.647 

31 

1880-81.. 

5,798,217  15 

4.253.904 

02 

1.544.313 

13 

S178.665  82 

INTEREST  AND  RENTAL  PAID. 


Interest. 

Rental. 

Ashley  River 

82,840  00 

Atlanta  and  Charlotte  Air  Line 

332.500  00 

Charleston  and  Savannah 

828.762  70 

Charlotte,  Columbia  'and  Augusta 

191.289  06 

Cheraw  and  Darlington 

20.706  00 

Chester  and  Lenoir 

5.425  00 

Laurens 

697  00 

Xortheastern 

94.294  00 

South  Carolina 

228.609  63 

Spartanburg,  Union  and  Columbia.. 

12.500  00 

'Wilmington,  Columbia  and  Augusta 

96.288  83 

8972,649  52 

S41.262  70 

The  expenses,  interest  and  rental, 

amount  to  85,334,657 

.16 — leaving 

a surplus  of'  8463,559.99. 


The  following  Table  shows  the  total  increase  of  income  and  ex- 
penses, and  the  per  cent,  of  increase: 


Per  Cent. 

Income. 

Expenses. 

Income. 

Expenses. 

8846,803.23 

668,137.41 

17 

18 

15 


Bridges,  Trestles,  and  Highway  Crossings. 


The  following  table  shows  the  length  of  bridges  and  trestles : 

Miles. 

Iron  bridges 1.13 

Wooden  bridges 2. GO 

Combination  bridges 53 

Total 4.26 

Trestles 42.14 

The  report  of  highway  crossings  is  imperfect.  As  reported  there 

are  492  at  grade,  197  under,  and  7 over.  There  are  149  without 


signs.  Some  of  the  roads  do  not  report  the  use  of  warning  signals 
at  highway  crossings. 

There  being  no  law  in  this  State  requiring  them  to  be  used,  and 
being  authorized  by  the  Act  creating  this  office  to  require  such 
change  in  the  mode  of  operating  railroads  as  I may  deem  reasonable 
and  expedient  in  order  to  promote  the  security  of  the  public,  I issued 
a circular  8th  April,  1879.  to  the  railroads  in  the  State  requiring, 
where  not  already  in  use,  that  warning  boards  be  put  up  at,  and  that 
engineers  be  enjoined  to  give  signals  of  their  approach  live  hundred 
yards  before  reaching,  each  crossing  of  a public  highway,  and  that  a 
bell  be  rung  until  the  crossing  is  passed. 

It  is  much  to  be  regretted  that  the  railroad  returns  are  so  incom- 
plete. By  Act  of  the  Legislature,  approved  December  24th,  1880,  the 
railroad  companies  are  required  to  close  their  yearly  accounts  on  the 
30th  June,  and  to  make  their  returns  to  the  Railroad  Commissioner 
on  or  before  the  31st  of  August  of  each  year.  If  properly  prepared, 
these  reports  would  afford  much  valuable  information  to  the  stock- 
holders and  bondholders  of  the  different  roads  and  to  the  Legislature, 
which  they  have  a right  to  possess.  It  will  be  perceived  by  glancing 
at  the  different  reports  that  many  of  their  accounts  are  not  kept  after 
the  prescribed  form.  Hence  the  tables  prepared  in  this  office  are 
necessarily  incomplete.  The  reports,  however,  for  this  year  are  im- 
provements upon  the  two  preceding  years,  and  it  is  to  be  hoped  by 
another  year  will  he  such  as  to  afford  accurate  information  of  the 
operation  and  condition  of  the  different  railroads.  Several  of  the 
roads  did  not  make  their  reports  within  the  time  prescribed, 
which  has  much  retarded  the  preparation  of  this  report,  and  such 
has  been  the  case  for  the  two  preceding  years.  The  South  Caro- 
lina, Charlotte,  Columbia  and  Augusta,  Cheraw  and  Darlington. 


Cheraw  and  Salisbury,  Atlanta  and  Charlotte  Air  Line,  and  Asheville 
and  Spartanburg  were  received  within  the  prescribed  time.  The 
Augusta  and  Knoxville  and  the  Central  Railroad  of  South  Carolina, 
only  in  process  of  construction,  were  not  expected  to  make  any  re- 
port within  the  prescribed  time.  The  Wilmington,  Columbia  and 
Augusta  asked  for  a few  days  extension  of  time,  the  last  of  August, 
which  was  granted.  The  roads  failing  to  report  in  time  are  the  Co- 
lumbia and  Greenville,  including  the  Blue  Ridge,  Spartanburg.  Un- 
ion and  Columbia.  Laurens,  Charleston  and  Savannah.  North- 
eastern. Ashley  River.  Cheraw  and  Chester,  and  Chester  and  Lenoir, 
the  penalty  for  which,  under  the  law.  is  one  hundred  dollars.  The 
reports  of  the  Charleston  and  Savannah  and  Northeastern  Railroads 
were  received,  however,  within  a day  or  two  after  the  time  expired. 

The  Act  creating  this  office  contemplates  giving  fifteen  days  within 
which  a company  must  correct  a defective  report  and  requires  the 
Commissioner  to  submit  his  Report  on  or  before  the  second  Monday 
in  November.  This  it  is  impossible  to  do  with  properly  prepared 
tables  if  the  railroads  withhold  their  reports,  as  some  of  them  have 
done,  until  October  and  November. 

COMPLAINTS. 

It  has  been  the  practice  of  this  office  to  communicate  to  the  author- 
ities of  the  railroad  complained  of  the  grounds  thereof,  so  as  to  re- 
ceive from  them  their  explanations.  In  most  cases  the  differences 
have  been  adjusted  through  this  office  satisfactorily  to  the  parties 
and  are  not  heard  of  by  the  public.  In  others  where  there  is  reason- 
able ground  for  the  complaint,  matters  are  in  abeyance  because  it  i< 
not  in  the  power  of  the  Commissioner  to  carry  the  eases  into  the 
courts — the  Attorney  General  holding  that  he  is  not  the  counsel  of 
the  Railroad  Commissioner.  (I  am  not  prepared  to  say  this  is  error  . 
and  no  fund  having  been  placed  at  the  disposal  of  the  Commissioner 
to  defray  the  expenses  of  the  necessary  legal  proceedings. 

FREIGHT  AND  PASSENGER  RATES. 

The  Railroad  Commissioner  is  required,  by  law,  to  make  "such  state- 
ments, facts  and  explanations  as  will  disclose  the  actual  working 
of  the  system  of  railroad  transportation  in  its  bearing  upon  the  busi- 
ness and  prosperity  of  the  State;  and  such  suggestions  as  to  the 
general  railroad  policy  of  the  State,  or  as  to  any  part  thereof,  or  as  to 
the  condition,  affairs  or  conduct  of  any  of  the  railroad  corporations  as 
may  seem  to  him  appropriate."  In  my  last  year's  report  I brought 
t o the  attention  of  the  Legislature  the  importance  of  classifying  roads 


17 


and  fixing  just  rates  of  freight.  The  result  of  my  three  years’  ex- 
perience and  observation  of  the  working  of  our  railroad  system  and  of 
t he  systems  of  other  States  has  convinced  me  that  the  system  pre- 
vailing in  Georgia  and  some  other  States,  of  conferring  upon  a Com- 
mission “the  power  and  authority  of  regulating  railroad  freight  and 
passenger  tariffs”  is  the  best  that  can  be  adopted  to  secure  just  and 
reasonable  rates  as  between  the  public  and  railroads. 

Since  the  creation  of  the  South  Carolina  Commission  the  States  of 
Georgia.  California,  and  Alabama  have  established  each  a Commis- 
sion. but  with  three  members  each,  the  first  two  Commissions  having 
the  power  and  authority  of  regulating  freight  and  passenger  tariffs, 
the  last  the  power  of  revising  and  correcting  the  tariff's  established 
by  the  railroads  themselves.  The  Legislature  itself  cannot  classify 
roads  and  fix  the  rates,  which  ought  to  be  modified  according  to  cir- 
cumstances and  when  the  Legislature  is  not  in  session;  nor  would  it 
be  satisfactory  to  the  public  or  the  roads  that  it  should  be  done  by  a 
single  Commissioner.  I therefore  recommend  that  the  Bail  road  Com- 
missioner Act  be  amended,  and  three  Commissioners  appointed,  with 
the  power  and  authority  of  regulating  railroad  freight  and  passenger 
tariffs.  In  Georgia  the  rate  of  passenger  tariffs  on  the  leading  roads 
has  been  reduced  to  three  cents  a mile,  and  it  is  said  that  one  of  those 
roads,  as  to  which  alone  I was  informed,  has  derived  a larger  revenue 
from  the  transportation  of  passengers  since  the  reduction  of  the  rates, 
and  I doubt  not  such  is  the  case  with  them  all.  and  would  be  here, 
from  the  increase  of  travel. 

In  this  connection,  I beg  leave  to  insert  some  remarks  made  in  my 
last  annual  Report:  “There  are  but  three  railroads  in  the  State 

restricted  in  their  charge  on  [heavy]  freights  to  fifty  cents  per  hun- 
dred pounds  per  hundred  miles,  viz  : The  South  Carolina.  Charlotte, 
Columbia  and  Augusta,  and  Wilmington,  Columbia  and  Augusta  Rail- 
roads. * * * * 1 can  see  no  good  reason  why  the  three  roads 

named  should  be  thus  restricted  while  other  roads  in  the  State  are 
unrestricted,  or  only  restricted  to  ten  per  cent,  profit  upon  their  cap- 
ital. * * and  submit  respectfully  that  the  same  or  a lower  maxi- 
mum rate  * * should  be  applied  to  all  roads  alike.”  Even  then 

there  will  be  great  disparity  in  the  rates  paid  by  the  patrons  of  differ- 
ent lines  on  the  same  article. 

The  following  table  will  illustrate  this  as  to  disparity  of  freight 
rates  on  the  three  limited  roads,  as  also  the  importance  of  regulating 
freight  tariffs,  so  as  to  secure  just  and  reasonable  charges  on  each 
railroad,  according  to  the  amount  of  business  and  length  of  haul  of 

o o 

each  road : 


18 


Freight  per  Ton  for  34  Miles. 


. \ 

S.  C. 

O..C.&  A. 

W..C.&U 

C.&  G. 

Fertilizers 

$2  50 

$3  40 

83  00 

S3  00 

Salt  in  Sacks 

2 50 

3 60 

2 40 

4 00 

Flour  in  Sacks 

4 00 

3 40 

3 00 

4 40 

Brick 

3 60 

3 40 

3 20 

4 00 

Iron 

3 60 

3 40 

4 OX) 

4 00 

Some  of  the  above  rates  exceed  fifty  cents  per  hundred  pounds  per 
hundred  miles — the  rate  to  which  the  South  Carolina.  Charlotte, 
Columbia  and  Augusta,  and  Wilmington,  Columbia  and  Augusta  are 
restricted  by  their  charters — which  would  be  $3.40  on  each  of  the 
articles  for  34  miles. 

In  correspondence  last  year  with  the  President  of  the  Charlotte, 
Columbia  and  Augusta  Railroad  and  the  Receiver  of  the  South  Caro- 
lina Railroad,  the  fact  was  also  disclosed  that  each  was  charging  but 
25  cents  per  barrel  on  flour,  from  Augusta  to  Columbia,  while  a much 
higher  rate  was  charged  to  intermediate  points.  This  is  a violation 
of  the  Act,  approved  24th  December,  1S78,  “to  prevent  unjust  dis- 
crimination,” but,  for  reasons  stated  elsewhere,  it  has  not  been  in  the 
power  of  the  Commissioner  to  institute  proceedings  in  the  Courts  to 
obtain  injunctions  against  these  violations  of  the  law. 

The  Railroad  having  the  greater  amount  of  business  and  the  longer 
haul,  other  things  being  equal,  can  afford  to  carry  freight  at  a less 
rate  than  one  having  a shorter  haul  and  less  business.  But  if  this 
is  left  entirely  to  the  roads  themselves  the  inequality  above  exhibited 
will  always  exist  to  the  detriment  of  the  public.  I respectfully  submit, 
as  before,  that  the  best  remedy  for  this  evil,  is  to  commit  the  fixing  of 
freight  and  passenger  rates  to  three  fair  and  disinterested  Commis- 
sioners. It  is  objected  to  this  by  the  railroad  companies  that 
their  railroads  are  the  private  property  of  the  stockholders. 
On  this  subject  Judge  Black,  one  of  the  ablest  jurists  of  America, 
says : “ The  legally  vested  rights  of  railway  companies,  like  other 
rights  of  property,  are  sacred.  But  on  this  question  railroad  men 
misunderstand  their  situation.  They  believe,  or  pretend  to  believe, 
that  railways  are  the  property  of  the  companies  authorized  to  run 
them,  which  is  a cardinal  error,  and  the  parent  of  much  false  argu- 
ment. A public  highway  cannot  be  private  property,  and  a railroad 
laid  out  and  built  by  the  authority  of  the  State  for  the  purposes  of 
commerce,  is  as  much  a public  highway  as  a turnpike  road,  canal,  or 
navigable  river.”  Chief  Justice  Waite,  higher  authority,  especially  as  he 


19 


was  announcing  the  decision  of  the  United  States  Supreme  Court,  in 
Munn  vs.  Illinois,  94  U.  S,  Rep.,  pp.  125-6,  says  : “When  private  prop- 
erty is  affected  with  a public  interest  it  ceases  to  be  juris  privati  only. 
******.  Property  does  become  clothed  with  a public  interest  when 
used  in  a manner  to  make  it  of  public  consequence  and  affect  the 
contain  nity  at  large.  When,  therefore,  one  devotes  his  property  to  a 
use  in  which  the  public  has  an  interest,  he,  in  effect,  grants  to  the 
public  an  interest  in  that  use,  and  must  submit  to  be  controlled  by 
the  public  for  the  common  good,  to  the  extent  of  the  interest  he  has 
thus  created.” 

This  is  the  settled  law  of  the  land.  The  Legislature  has  the  pow- 
er and  authority,  notwithstanding  their  charters,  to  regulate  freight 
and  passenger  tariffs,  and  prevent  unjust  discrimination.  Not  more 
than  one,  if  any  railroad  in  this  State,  it  is  believed,  can  successfully 
claim  exemption  from  this  exercise  of  Legislative  power  and  author- 
ity. The  exercise  of  the  power  by  the  Legislature  itself  being  im- 
practicable, I think  the  proposition  cannot  be  controverted  that  it  has 
a perfect  right  to  appoint  a Commission  who  shall  regulate  railroad 
freight  and  passenger  tariffs.  Admitting  the  correctness  of  this  posi- 
tion, it  is  contended  that  the  Legislature  neither  by  itself  nor  by  a 
Commission  can  regulate  the  freights  coming  from  beyond  the  limits 
of  the  State.  If  this  were  true,  the  people  of  the  State  would  be  en- 
tirely at  the  mercy  of  any  railroad  combination  located  beyond  her 
limits  which  should  get  control  of  the  railroads  within  her  borders. 
It  is  needless  to  discuss  here  what  is  meant  by  the  words  in  the 
Constitution  of  the  United  States  authorizing  Congress  “to  regulate 
commerce  with  foreign  nations  and  among  the  several  States.”  It  is 
enough  that  Congress  has  passed  no  Act  to  carry  out  this  provision 
of  the  Constitution,  and,  in  the  language  of  the  Court  in  the  case  of 
Peik  vs.  The  Chicago  and  Northwestern  Railroad  Company,  of  Wis- 
consin, 94  United  States  Supreme  Court  Reports,  p.  178,  “cer- 
tainly until  Congress  undertakes  to  legislate  for  those  who  are  with- 
out, Wisconsin  may  provide  for  those  within.”  And  Chief  Justice 
Waite,  in  The  Chicago,  Burlington  and  Quincy  Railroad  Company  vs. 
Iowa,  94  United  States  Supreme  Court  Reports,  p.  155,  decided 
that:  “ Until  Congress  acts,  the  State  must  be  permitted  to  adopt 
such  rules  and  regulations  as  may  be  necessary  for  the  promotion  of 
the  general  welfare  of  the  people  within  its  own  jurisdiction.” 

The  rate  of  the  Richmond  and  Danville  connection  for  the  freight 
of  a hundred  pounds  of  corn  from  Richmond  to  Columbia,  about  400 
miles,  is  seventeen  cents,  while  the  rate  on  the  same  from  Columbia 
to  Winnsboro,  thirty-five  miles,  is  the  same,  and  from  Greenville 
to  Columbia,  thirty-three  cents.  Unless  the  public  can  be  protected 


20 


from  such  rates  by  the  action  of  the  State  Legislature  the  people  are 
helpless. 

I respectfully  recommend  that  all  railroads  be  required  to  keep 
constantly  posted  at  their  respective  depots  printed  copies  of  their 
frieght-  and  passenger  tariffs,  and  that  whenever  a change  shall  be 
made  in  either,  ten  days'  public  notice  in  the  same  way  shall  be  given 
before  the  change  takes  effect. 


INSPECTION  OF  RAILROADS. 

1 this  year  inspected  all  the  railroads  in  the  State,  and  with  an 
experienced  engineer  have  inspected  all  the  bridges  and  trestles  ex- 
cept a small  portion  of  the  Laurens  Road  and  the  bridge  over  Little 
River,  near  the  village  of  Laurens.  The  bridge  is  new  and  was  ex- 
amined by  me  last  year.  We  were  prevented  from  inspecting  these 
in  consequence  of  the  repairs  in  progress  upon  the  road  bed  and 
track,  which  would  detain  us  several  hours  before  we  could  pass.  I 
had  the  assurance,  however,  of  the  President  and  Superintendent, 
who  accompanied  me,  that  they  were  in  good  condition.  Every 
facility  has  been  courteously  afforded  by  the  railroads  for  this  pur- 
pose, the  Superintendent,  engineer,  or  some  officer  of  each  railroad, 
sometimes  the  President,  accompanying  me.  The  repairs  and  im- 
provements on  many  of  the  roads  are  extensive,  and  their  general 
condition  is  greatly  improved  since  the  inspection  of  last  year,  and 
this  is  one  cause  of  the  increased  expenditures  of  this  year  over  the 
last. 

My  practice  has  been  to  require  a report  from  my  expert  on  all 
bridges  and  trestles  immediately  after  the  inspection.  I thereupon 
transmitted  to  the  officers  of  the  Company  a copy  of  the  report  in 
each  case,  and  called  upon  them  to  make  the  repairs  and  improve- 
ments suggested.  As  a general  rule  this  has  been  promptly  done. 

In  my  last  Report  I said  : "The  bridge  at  Shelton  across  Broad 
River,  on  the  S.,  U.  & C.  R.  R.,  has  been  put  in  good  repair  for  the 
present,  but  a new  bridge  will  be  needed  before  a great  while." 

I beg  leave  here  to  submit  an  extract  from  the  report  to  me  of  my 
expert,  Mr.  W.  A.  Aiken.  C.  E.,  on  the 

D RIVER  BRIDGE. 

It  will  be  very  hard  to  tell  how  to  repair  this  structure  except 
very  temporarily.  A good  deal  of  new  timber  has  lately  been  put 
in  it.  but  unless  a good  bridge  of  some  kind  is  to  be  put  here  very 
shortly  the  whole  structure  needs  entire  renewal  if  not  remodeling. 


21 


T should  hesitate  to  stamp  it  as  dangerous  actually.  I should  equally 
object  to  calling  it  safe.  The  easiest  solution  to  the  difficulty  is  a new 
bridge.”  Before  the  putting  in  of  the  new  timber  referred  to  Capt.  C. 
S.  Dwight,  C.  E..  my  Expert  for  the  year  1880.  said,  in  his  Report  : 
“This  bridge  (Broad  River,  at  Shelton)  is  in  need  of  immediate  and 
extensive  repairs ; indeed,  nothing  but  a new  and  first-class  bridge  can 
completely  till  the  requirements  of  this  crossing.” 

SAVANNAH  RIVEK  TRESTLE. 

On  the  11th  February  last  a serious  disaster  occurred  on  the 
Charleston  and  Savannah  Railroad,  viz. : The  falling  of  the  trestle 
for  about  two  miles,  leaving  standing  next  to  the  abutment  on  the 
highland  about  100  yards  of  the  trestle,  and  some  200  yards  next  to 
the  Savannah  River  bridge.  As  soon  as  I could  visit  the  scene,  1 
made  an  examination  of  the  wreck  as  far  as  practicable,  the  river 
having  got  without  its  banks,  covering  a portion  of  the  fallen  trestle. 
I was  satisfied  that  the  absence  of  diagonal  longitudinal  bracing  was 
largely  the  cause  of  this  disaster,  as  it  was  of  the  disaster  of  the 
Wateree  trestle  on  the  Camden  branch  of  the  South  Carolina  Railroad, 
in  the  early  history  of  the  road,  which  fell  in  for  near  four  miles. 
I called  upon  the  Superintendent.  Mr.  C.  S.  Gadsden,  who  is  also  an 
educated  engineer,  to  give  me  an  account  of  the  causes  of  the  disas- 
ter and  extent  of  the  injury  as  early  as  convenient.  I herewith  sub- 
mit his  reply  : 

Charleston  and  Savannah  Railway  Company. 

Charleston.  S.  C.,  April  5.  1881. 

General  M.  L.  Bonham.  .Railroad  Commissioner.  State  of  South  Caro- 
lina, Columbia.  S.  C.: 

Dear  Sir:  Answering  your  letter  of  the  31st  March.  I will  give  as 
briefly  as  possible,  the  causes  of  the  fall  of  the  trestle  at  crossing  of 
the  Savannah  River  by  the  Charleston  and  Savannah  Railway,  and 
the  extent  of  the  injury. 

This  disaster  resulting  in  the  fall  of  two  miles  of  trestle,  and  the 
wrecking  of  a train  of  twenty  (20)  box  and  platform  cars  with 
engine,  occurred  about  10  o'clock  P.  M.  on  Thursday,  10th  of  Febru- 
ary. The  immediate  cause  of  the  accident  as  nearly  as  could  be  as- 
certained from  a close  .inspection  of  the  wreck,  was  the  breaking 
down  of  a box  car  loaded  with  cotton,  at  a time  when  this  freight 
train  had  nearly  reached  the  highland  on  the  South  Carolina  side. 
The  indications  were,  that  one  pair  of  wheels  became  detached  from 
the  truck  frame,  on  one  side  and  fell  between  the  cross  ties  of  the 
trestle,  while  the  journal  on  the  other  end  was  firmly  held  in  its  box 


under  one  of  the  cars  near  the  middle  of  the  train.  The  possible 
consequences  of  such  a situation,  which  it  appears  was  unknown  to 
any  one  on  the  train,  will  be  appreciated  by  those  familiar  with  rail- 
road accidents.  In  the  struggle  which  ensued,  lasting  but  a few 
minutes,  all  cross-ties  in  front  of  the  broken  truck  were  massed  in  a 
heap,  rails  broken,  etc. 

The  strain  upon  the  trestle  structure  must  have  been  very  severe. 
The  first  intention  was,  it  occurs  to  the  writer,  to  break  down  the 
trestle  ahead  and  under  the  train,  but  owing  to  the  firm  abutment  of 
earth  just  one  hundred  (TOO)  yards  in  advance  of  the  train,  this  move- 
ment was  checked  and  the  brake  upon  the  motion  of  the  train  oc- 
casioned by  the  entanglement  of  the  broken  truck  continuing  and 
increasing  in  amount  with  every  foot  of  advance,  the  reaction  and  re- 
bound thus  occasioned,  caused  the  fall  of  the  structure  backwards, 
where  was  found  less  resistance  than  in  front.  ITider  any  circum- 
stances it  is  certain  the  heavy  thrust  given  by  the  falling  of  a train  of 
at  least  four  hundred  (400)  tons’  weight  must  have  occasioned  the  de. 
struction  of  the  trestle  for  some  distance  to  the  rear  of  the  position 
occupied  by  the  train  itself.  The  style  of  structure  used,  and  certain 
omissions  on  the  part  of  the  trestle  repair  gang  to  properly  bind 
the  several  parts  of  the  trestle  together,  were  causes  favorable  to  the 
spread  of  the  disaster,  and  the  result  was.  as  stated,  the  tall  of  very 
nearly  the  entire  length  of  trestle  on  the  South  Carolina  side  of  the 
Savannah  River. 

The  “inverted  W trestle”  placed  on  three  piles  cut  off  at  the  sur- 
face of  the  ground,  was  the  structure  employed;  the  bents  being 
about  eight  (8)  feet  in  height.  These  bents  were  generally  held  to 
pile-heads  by  two  (2)  inch  pine  pins,  driven  through  the  sills  into  the 
outside  piles.  In  the  renewals  recently  introduced  in  many  instances 
this  method  of  fastening,  the  bent  frame  to  the  pile-heads  and  of  the 
several  parts  of  the  frame  itself  together,  had  been  omitted.  Longi- 
tudinal braces  had  also  been  inserted  at  irregular  intervals,  but  when 
this  trial  of  the  stability  of  this  trestle  was  made,  these  longitudi- 
nal braces  proved  of  no  practical  value,  because  the  bents  had  not 
been  tied  together,  nor  to  the  pile-heads.  While  the  trestle  was  equal 
to  the  vertical  load  to  which  it  was  daily  subjected,  it  readily  gave 
way  under  the  tremendous  horizontal  thrust  to  which  it  was  thus 
put. 

At  the  distance  of  one  and  a half  (II)  miles  from  the  immediate 
scene  of  the  accident  there  was  a large  creek,  crossed  by  the  trestle, 
where  the  original  bents  proving  unreliable,  “piles  up  to  grade  " had 
been  driven  and  capped,  to  assist  in  bearing  the  loads.  The  style  of 
structure  was  therefore  varied,  and  it  seemed  reasonable  to  have  sup- 


23 


posed  that  the  continuity  of  the  downfall  of  the  trestle  would  have 
been  arrested  here,  but  so  great  Avas  the  momentum  of  the  force 
called  into  action  for  the  work  of  destruction  that  the  caps  were 
knocked  off  these  piles,  and  the  trestle  was  thrown  down  for  a half 
mile  beyond. 

While  there  were  individual  pieces  of  timber  which  were  defective, 
it  is  asserted  that  the  condition  of  the  timber,  of  which  this  trestle 
was  composed,  was  not  the  cause  of  its  dowufall.  This  was  proven 
by  the  fact  of  the  restoration  of  the  roadAvay  in  the  brief  lime  of  two 
weeks,  although  a heavy  freshet  passed  in  the  interval,  by  the  use  of 
the  same  material. 

The  cause  of  the  trestle’s  destruction  rvas  the  unusually  powerful 
force  exerted  for  its  overthrow,  in  the  direction  where  it  was  least 
prepared  for  attack,  and  the  extent  of  the  disaster  was  greatly  exag- 
gerated by  intrinsic  weakness  of  this  particular  structure.  From  the 
lessons  here  taught,  the  writer  feels  less  confidence  than  before  in  the 
stability  of  long  trestles,  however  they  may  be  braced,  or  strengthened 
against  a horizontal  thrust;  and  regards  blocks  of  earthwork  at  inter- 
vals, the  only  security  against  such  a disaster  as  that  at  the  Savannah 
River.  Respectfully  submitted, 

C.  S.  GADSDEN,  Sup’t. 

RUN  OFF  AT  ENOREE  BRIDGE. 

The  2d  July  last,  having  seen  in  the  papers  that  a passenger  train 
on  the  Atlanta  & Charlotte  Air  Line  Railroad  had,  a few  days  before, 
narrowly  escaped  a fearful  accident  in  crossing  the  Enoree  River,  I 
wrote  Mr.  J.  Y.  Sage,  Superintendent,  for  a report  upon  the  subject, 
enquiring:  “Were  the  cross  ties  stout  and  close,  fastened  together 
by  guard  rails  notched  ? I am  much  interested  in  having  all  the 
roads  in  this  State  thus  provided.  It  contributes  to  safety  on  [bridges 
and]  trestles  in  case  of  derailment.”  He  sent  me  the  following 
report : 

SUPERINTENDENT’S  OFFICE, 

Richmond  & Danville  Railroad  Co.. 

Atlanta,  Ga., 

July  5,  1881. 

Hon.  M.  L.  Bonham.  Railroad  Commissioner.  Columbia,  S.  C. 

Dear  Sir:  Yours  of  2d  inst.,  in  relation  to  the  run-off  at 
Enoree,  received. 

The  accident  wras  caused  by  a hand-car  being  on  the  track  in  the 
face  of  a regular  train.  The  car  was  struck  near  the  end  of  Enoree 


24 


Bridge,  throwing  the  engine  from  the  track.  The  engine  and  entire 
train  ran  across  two  spans  of  bridging  and  fifty  feet  of  trestle-work 
while  off  the  track.  Ko  damage  was  done  to  the  cars.  The  pilot  on 
the  engine  was  knocked  off.  The  trestle  and  bridge-work  had  been 
supplied  with  oak  ties  7x9,  with  a guard-rail  on  each  end,  8x12.  Had 
this  not  been  the  case,  no  doubt  the  entire  train  would  have  gone 
into  the  river. 

It  is  usual  in  putting  on  guard-rail  to  holt  it  through  the  tie  after 
being  notched  down  on  the  tie;  these  bolts  being  placed  through 
every  fourth  or  fifth  tie.  For  perfect  security,  however.  I am  satisfied 
that  at  least  every  other  tie  should  be  securely  bolted  to  the  guard- 
rail. I am  satisfied  we  were  saved  a complete  wreck  in  this  instance 
by  having  the  ties  and  guard-rail.  As  it  was  no  personal  injury  was 
sustained,  the  damage  consisting  of  the  pilot  being  knocked  from  .the 
engine  and  some  slight  damage  to  the  ties  and  guard-rail,  caused  by 
the  rubbing  of  the  wheels. 

The  bridge  is  a Howe  trips,  calculated  to  a factor  of  safety  of  10. 

.Respectfully,  yours. 

I.  Y.  SAGE.  Superintendent. 

On  my  subsequent  inspection  of  the  road  this  year.  I found  the 
above  statement  confirmed  in  every  particular,  and  was  more  than 
ever  impressed  with  the  necessity  of  strong  and  close  cross  ties  with 
strong  guard  rails  notched  over  the  ends  and  bolted  down  with  iron 
bolts  to  every  second  or  third  cross  tie  to  prevent  the  bunching  of  the 
ties  and  secure  the  greatest  safety  to  the  train  and  its  passengers  in 
case  of  derailment.  Of  so  much  importance  do  I regard  these  improve- 
ments on  railroad  structures  as  also  the  longitudinal,  diagonal  bracing 
on  trestles,  that  I have  not  only  previously  called  attention  of  railroad 
officials  to  their  importance,  but  I have  this  year,  in  transmitting  copies 
of  my  Expert's  Reports  upon  bridges  and  trestles,  urged  upon  each 
President  or  Receiver  of  a Railroad  Company  substantially  what  fol- 
lows: ‘T  cannot  too  earnestly  press  upon  you  the  propriety  of  using 
heavy  cross  ties  on  bridges  and  trestles  with  a strong  guard  rail  on 
each  end  of  the  ties  notched  and  securely  pinned  down  by  good  iron 
bolts  to  every  other  cross  tie.  Longitudinal  diagonal  bracing  <>t' 
strong  timbers  to  at  least  every  other  bent  in  a high  trestle  I deem 
of  scarcely  less  importance  than  the  above,  and  earnestly  urge  its 
adoption  as  early  as  practicable/’ 

To  this  I would  add,  for  such  trestles  as  the  Savannah  River,  on 
the  Charleston  and  Savannah  Railroad,  the  Congaree,  on  the  South 
Carolina,  and  the  Wateree  trestles,  on  the  Camden  Branch  and  the 
Wilmington,  Columbia  and  Augusta  Railroad,  occasional  blocks  of 


25 


earthwork  firmly  supported  at  each  end  by  good  masonry,  to  prevent 
washing  by  the  current. 

STATION  HOUSES. 

I have  endeavored  to  effect  an  improvement  in  the  station  houses 
on  the  different  railroads,  especially  in  the  important  ones  where 
many  passengers  get  on  and  off  the  trains.  In  some  cases  the  effort 
has  been  successful.  But  there  is  still  great  room  for  improvement 
in  this  particular.  Every  important  station  should  have  a comforta- 
ble station  house  with  suitable  rooms  and  appointments  for  males 
and  females,  with  a covered  platform  to  protect  passengers  from  the 
weather  in  getting  to  and  from  the  station  houses.  These,  in 
most  cases,  I have  not  been  able  to  secure.  I have  more  than 
once  called  the  attention  of  the  railroads  entering  Columbia 
to  the  importance  of  a union  depot  in  the  City  of  Columbia, 
the  capital  of  the  State,  where  four  among  the  principal  roads 
of  the  State  meet.  The  power  to  require  it  is  not  conferred 
upon  the  Railroad  Commissioner — it  rests  with  the  Legislature. 
I have  also  called  their  attention  to  the  necessity,  “ in  order  to 
promote  the  convenience  aud  accommodation  of  the  public,”  of  con- 
structing comfortable  shelters  and  station  houses  at  their  respective 
depots  in  Columbia.  This  I conceive  I have  a right  to  require,  but 
have  not  had  the  means  of  accomplishing.  I may  as  well  say  here, 
that  this,  as  many  other  things  the  Commissioner  is  authorized  to  do, 
cannot  be  accomplished  unless  the  Attorney  General  aud  Solicitors, 
or  some  one  else,  be  authorized  and  required  to  represent  the  Com- 
missioner in  the  Courts,  or  an  adequate  fund  be  placed  at  his  disposal 
to  enable  him  to  test  in  the  Courts  violations  of  law,  and  of  then- 
charters,  by  the  railroads.  And  this  I recommend,  whether  the 
Board  is  to  consist  of  one  or  three  Commissioners. 

RAILROAD  ASSESSMENTS. 

The  amounts  assessed  on  the  different  railroads  by  the  Comptroller 
General,  to  defray  the  expenses  of  the  Railroad  Commission,  have 
been  collected  from  the  roads,  except  the  South  Carolina.  The  ma- 
chinery for  collecting  these  assessments  in  this  State  is  very  defec- 
tive. I recommend  that  the  law  be  amended,  and  that  it  be 
provided,  as  in  some  other  States,  that  when  the  assessment  is  made, 
the  Treasurer  be  authorized  to  collect  and  deposit  the  amount  in  the 
Treasury,  as  other  taxes  are  collected  and  deposited. 

Printing  Report. 

I ask  of  the  Legislature  the  printing  of  a larger  number  of  the 
3 RRC 


26 


Railroad  Commissioner’s  Report.  The  number  printed  is  not  suffi- 
cient to  supply  the  Legislature  and  its  officers,  the  Executive  Depart- 
ments and  other  officers  of  the  State  and  others  who  should  have 
them.  Every  railroad  officer,  including  the  Directors,  I would  be 
glad  to  supply  with  a copy  each.  A few  hundred  copies  additional 
to  those  authorized  by  law  would  not  be,  the  type  having  already 
been  set,  a heavy  additional  expense. 

FIRING  INTO  TRAINS. 

Seeing  the  following  article  in  the  Hampton  Messenger  sometime 
since,  I respectfully  ask  your  attention  to  it,  and  recommend  that  the 
law  be  so  amended  as  to  subject  one  who  wilfully  and  maliciously 
shoots,  with  powder  and  lead,  into  a train,  to  the  same  punishment 
as  is  provided  by  the  law  against  one  who  “shall  wilfully  and  mali- 
ciously place  or  cause  to  be  placed  on  the  track  or  other  part  of  the 
passage  way  of  any  railroads  on  which  steam  engines  or  hand  cars 
are  used  any  timber,  stone  or  other  obstruction  with  intent  to  injure 
or  impede  the  passage  of  any  cars  or  means  of  conveyance,”  which 
is  a felony  under  our  law,  and  punishable  by  imprisonment  in  the 
Penitentiary  from  one  to  thirty  years ; and  if  death  ensues,  punish- 
able with  death : 

"•Firing  on  a Railroad  Train. — On  Saturday  night,  at  Early  Branch, 
both  the  up  and  down  passenger  train  was  fired  into  by  some  mis- 
creant, and  a lady  narrowly  escaping  the  bullet  which  came  in  such 
close  proximity  to  her  head,  causing  her  to  faint  and  leading  the  pas- 
sengers to  believe  that  she  had  been  struck.  It  has  become  a regu- 
lar occurrence  to  hurl  missiles  at  the  train  along  the  route." 


CONDUCTORS. 

I respectfully  recommend  the  passage  of  an  Act  similar  to'that  in 
the  State  of  Virginia,  giving  to  conductors,  especially  on  trains  lead- 
ing into  the  City  of  Charleston,  at  the  time  of  elections,  the  power 
and  authority  to  arrest  disorderly  persons  on  their  respective  trains, 
and  of  carrying  them  before  a magistrate  to  be  dealt  with  according 
to  law. 

CONCLUSION. 

In  the  Appendix  will  be  found  two  interesting  tables,  conveying 
valuable  information — one  giving  the  names  of  the  States  having 
Railroad  Commissions,  with  all  the  information  attainable  connected 
therewith:  when  the  Boards  were  established,  number  of  Commis- 
sioners, how  appointed,  length  of  term,  amount  of  salary.  &c.;  the 
other  giving  the  names  of  stations  and  distances  on  the  railroads  in 


27 


South  Carolina;  also,  the  proceedings  of  the  fourth  Xational  Conven- 
tion of  Railroad  Commissioners. 

The  Report  embraces  the  subjects  of  greatest  importance  connected 
with  the  operations  of  the  railroads  of  this  State.  If  the  Legislature 
should  not  create  a Board  of  three  Commissioners,  I am  not  prepared 
to  recommend  any  increase  of  +he  powers  of  the  Commissioner.  It 
is  enough,  in  my  judgment,  to  give  him  the  means  of  enforcing  the 
powers  already  conferred  upon  him,  which  can  be  done  alone  through 
the  Courts,  or  by  reporting  the  facts  “to  the  General  Assembly  for 
such  action  as  it  may  deem  expedient.” 

The  returns  of  the  railroads,  tabulated  in  eighteen  tables,  are  not 
as  full  and  satisfactory  as  they  should  be;  they,  however,  contain 
much  valuable  and  interesting  information  from  those  that  have  re- 
ported. Respectfully  submitted, 

M.  L.  BOXHAM,  Railroad  Commissioner. 


Expenses  of  the  office  for  the  year  ending  November  20,  1881. 


Stationery  and  printing $61  25 

Inspecting  railroads 114  95 

Postage 70  82 

Porter 33  80 

Telegraph  and  express 16  19 

Miscellaneous 75  90 


Total 


$372  91 


ABSTRACT 


OF 


R A I L R 0 A D R E P 0 R T S 

FOR  THE 

YEAR  ENDING  JUNE  30,  1881 


Table  I. — 


Railroads. 

Paid  in. 

Per  Mile. 

f 

fAsheville  and  Spartanburg 

81.050.000 

00 

821,428 

57 

Ashley  River 

6.020 

00 

1.505 

00 

Atlanta  and  Charlotte  Air  Line 

1,700.000 

00 

6.319 

70 

Augusta  and  Knoxville 

72.000 

00 

2.400 

00 

Charleston  and  Savannah 

300.200 

00 

3,127 

08 

Charlotte,  Columbia  and  Augusta 

2.578.000 

00 

13.497 

38 

Cheraw  and  Chester . 

268.900 

00 

9.272 

41 

Cheraw  and  Darlington 

392.100 

00 

9.802 

50 

Cheraw  and  Salisbury 

599.250 

00 

23.048 

00 

Chester  and  Lenoir 

336.650 

00 

5.343 

65 

Columbia,  Greenville  and  Blue  Ridge. 

2.000.000 

00 

10.204 

08 

Laurens 

North  Eastern 

899.350 

00 

8.817 

15 

Port  Royal  and  Augusta 

750,000 

00 

6,696 

42 

South  Carolina 

JNot  within 

the  knowledge 

Spartanburg,  Union  and  Columbia.... 

Wilmington,  Columbia  and  Augusta.. 

960,000 

00) 

5,000 

00 

Total 

811,912,470 

00 

*88,514 

99 

°See  Report  of  Asheville  and  Spartanburg  Railroad  Company. 
*Divide  total  “Paid  In”  by  number  of  miles  of  roads  reporting. 
•{•Purchased  April  4,  1881,  for  8111,000.00,  the  capital  stock  to  be 
fixed  at  81,050,000. 


Capital  Stock. 


31 


Common. 

Preferred. 

Amount  held 
in  South 
Carolina. 

Number 

of 

Stock- 

holders. 

Number  of 
Stockholders 
in  So.  Car’na. 

Par 

Yaluk 

OF 

Shares. 

29 

°$100  00 

$ 6,020  00 

14 

14 

100  00 

$ 1,700,000  00 

None. 

None. 

100  00 

25  00 

being  rebuilt. 

Bonds  and 

stocks  not  yet 

issued.” 

100  00 

93,900  00 

175,000  00 

$ 268,900  00 

102 

89 

50  00 

155 

145 

50  00 

336,650  00 

273,650  00 

496 

240 

100  00 

86,000  00 

17,987 

50  00 

750,000  00 

4,300  00 

90 

5 

of  the 

Receiver. 

960,000  00 

125 

4 00  00 

$ 3,840,550  00 

$ 107,020  00 

$ 546,850  00 

18,898 

493 

^Purchase  money  at  sale  of  S.  and  C.,  June  7,  1880. 


Table  II. — Debt. 


32 


Stock  and 

Debt  per 
Mile. 

$12,249  54 
25,836  43 

23,400  00 

3,127  08 
27,787  34 
13,130  45 
16,507  50 
29,971  15 
8,632  77 
25.510  20 

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33 


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L'ashknokr  Dkpartjikst  Kiikioiit  Dkpartjibnt. 


Who  r.:s  0.(52  8I0.3O7  »7 


1 532  •; 

0 102  20 

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1.500  04  0.8s 301.570  30 

2.201  07  o n 1X18  37  618.748  42 

753  20  28.040  70 


1.525  r 
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t •14H.050  00 
( 378.272  0O 


1.124  : 
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3,585  oo  | 408.322  00  

75  00  40.003  (10  1.292-1 

5,250  00  477.341  00  4.079  > 

580  09  350.072  97  3,184  f 

2.444  01 
+ 1.318  00  ' 


00! 


393.710  52  2.050  67  1.92  107.817  13  080.250  110  3.574  25 


8940  97  0.02  83,926.081  52  182.299  58  .09  8150  150  0885.798.217  15  83.387  99 


0.95 

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1.33 

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0,89 


1.47 


1.73 


0 08 


ne  of  (4.  ft  C It  It.  for  July.  August,  un.l  Septernbor.  an.l  u purl  of  Oetohor.  1880.  See  report 
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36 


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Table  'VI.— Income  and  Expenses  Compared. 


38 


S5 

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fExponso  above  income.  ;|;Seo  Tables  IV.  and  V. 


Table  Vll. — Income  Compared  with  Expenses,  Interest,  Rental,  ike. 


39 


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Table  VIII. — Track. 


40 


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42 


Table  IX. 


BRU ) 


RAILROADS. 


Iron. 


© 

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Wooden. 


Ag’gate  I 5 Aggregate 
Length.  "5  Length. 
Feet.  5 Feet. 

55 


Ashland  & Spartanburg 

Ashley  River 

Atlanta  & Charlotte  Air  Line 

Augusta  & Knoxville 

Charleston  & Savannah 

Charlotte,  Columbia  & Augusta.... 

Cheraw  & Chester 

Cheraw  & Darlington 

Cheraw  & Salisbury 

Chester  & Lenoir 

Columbia  & Greenville 

Laurens 

Northeastern 

Port  Royal  & Augusta 

South  Carolina 

Spartanburg,  Union  & Columbia... 
Wilmington,  Columbia  A Augusta. 

Total 


None. 


None. 


1 


2 1,450 11 

1 700 


1 830.6 

5 2,500 


1 

j 5' 

I 1 

500  ... 


136 

3,150 


2.250 

1,432 


100 

2651.4 


850 

2,528 


670 


9,  5980.6  39 


13767.4 


43 


Bridges  and  Crossings. 


GES. 


CROSSINGS. 


Combination. 

Trestles. 

Highways. 

I 

<S> 

B 

ft 

Ag’gate 

Length. 

Feet. 

N umber. 



Ag’gate 

Length. 

Feet. 

At 

Grade. 

Under 

Railroad 

Above 

Railroad. 

Without 

signs. 

None. 

10 

3.250 

12 

2 

14 

27 

12.000 

1 

52 

31 

200 

42,240 

i n 
22 

d e f 

2 

in 

i t e 

2 

2 

2.161 

35 

7^973 

1 



7 

5.280 

5 

1 

6 

9 

5,280 

2.200 

21391.2 

6 

1 

7 

1 

310 

5 

19 

1 

20 

2 

323.8 

199 

276 

138 

23 

1 

23 

2.302 

46 

10 

40,000 

15 

8,600 

29,718 

7,250 

34,815 

a 1 1 

40 

46 

5 

nearly  all 

29 

60 

30 

' 

100 

7 

2846.8 

440 

222,499 .2 

492 

197 

7 

149 

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48 


Table  XII.— 


Railroads 

H-i 

o 2 

H — 

%.  3 & 
© o *£ 

JpJjo  • 

v A 

^ 0 = ^ 

3c*.  x 
tp  g 0 

H 

<4-4 

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X * 

Asheville  and  Spartanburg 

Ashley  River 

Atlanta  and  Charlotte  Air  Line.... 

165.293 

25.250.116 

59.499 

Augusta  and  Knoxville. 

Charleston  and  Savannah  

42.958.6 

2.533.477 

28.074.4 

Charlotte,  Columbia  and  Augusta. 

86.106.33 

79.534.01 

Cheraw  and  Chester 

Cheraw  and  Darlington 

Cheraw  and  Salisbury...... 

Chester  and  Lenoir.......... 

13,527 

1,264 

Columbia  and  Greenville 

Laurens 

Northeastern 

No 

Account 

~ kept. 

Port  Royal  and  Augusta. 

96.100 

57.795 

South  Carolina 

165,230 

21,975,679 

192.159 

Spartanburg,  Union  & Columbia... 
Wilmington,  Columbia  & Augusta. 

Total  

569.214.93 

49,759.269 

418.325.41 

47 

Freight  Traffic. 


Local  Freight  Mile- 
age. 

Total  N umber  of 
Tons  Carried. 

Total  Freight  Mile- 
age. 

Average  Amount 
Received  for  each 
Ton  of  Freight. 

Average  Rate  Per 
Mile  Through 
Freight. 

Average  Rate  Pe 
Mile  Local 
Freight. 

Average  Rate  Per 
Ton  Per  Mile  for 
all  Freight. 

3,363,624 

224,792 

28,613,740 

$2  76 

.019 

.04 

.021 

2,273,822 

71,033 

4,807,296 

1 88 

.022 

.034 

.0278 

165,640.34 

12,883,552 

2 46 

.032 

14,791 

2 32 

153,895 

1 72 

1.44 

1.69 

1.57 

18,720,023 

357,389 

40,695,702 

2 80 

.019 

0.031 

.024 

151,940.96 

2 59 

24,357,469 

1,139,481.30 

87,000,290 

$2  56 

.019 

.03 

.02 

Table  XIII. — Train  Mileage. 


RAILROADS. 

Passenger. 

Freight. 

Other  Trains. 

Total. 

Ashley  River 

Asheville  and  Spartanburg.... 
Atlanta  and  Charlotte  A.  L... 

31,300 

481.823 

352,269 

13,086 

31.300 

847,178 

Augusta  and  Knoxville 

( Charleston  and  Savannah 

135,240 

169.495 

12,480 

317,215 

( Charlotte,  C.  and  A 

867,220 

2,821,727 

165,910 

3,854,857 

Cheraw  and  Chester 

Cher  aw  and  Darlington 

24.960 

24.960 

800 

50,720 

Cheraw  and  Salisbury 

6,760 

1,248 

3,120 

11.128 

Chester  and  Lenoir 

31.038 

20.692 

51.730 

Columbia  and  G.  and  B.  R.... 

532,313 

1,674,473 

158.389 

2,365.175 

Laurens  

North  Eastern 

Port  Royal  and  Augusta 

86,980 

167.770 

5.000 

27,757 

259,750 

South  Carolina 

265.388 

612,781 

36,520 

914.689 

Spartanburg,  Union  and  C.... 

94,136 

940.360 

1.034.496 

Wilmington.  C.  and  A 

166,685 

205.597 

24,269 

396,551 

Total  

2,723,843 

6,991.372 

419,574 

10.162,546 

Taui.e  XIV.— Accident*. 


I*  K IISOXS 


STOCK  KILLED. 


It  \ I I.  It  ()  A D S 


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A in  o u II  t 

J Paid. 


! 


§ 


Table  XV. — Comparative  Table  of  Traffic  for  the  Years  1880  and  1881. 


49 


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Table  XYI. — Comparative  Table  of  Income  and  Expenses  for  the  Years  1880  and  1881. 


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Table  XVI. — Comparative  Table  of  Income  and  Expenses  far  the  Years  1880  and  1881. — (Continued.) 


51 


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Table  XVI. — Comparative  Table  of  Income  and  Expenses  for  the  Fears  1880  and  1881. — (Concluded.) 


52 


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54 


Table  XVIII. — Comparative  Summary  from  Returns  of 


1880. 

Total  length  of  roads  and  branches (Miles). 

Total  length  of  roads  and  branches  in  South  Carolina. 
Steel  rails — (Number  miles) , 

1.715.4 

1.404.5 
262.6 

*Ca*pital  stock  paid  in 

§8.476.120  00 
8.367  34 
12,961.064  51 
697,217  70 
13.658.282  21 
12,634  85 

Capital  stock  paid  in  per  mile  of  road 

^Funded  debt 

^Unfunded  debt 

* Total  debt 

Total  debt  per  mile  ot  road 

Cost  of  roads  and  equipment 

26.074.876  67 
24,718  36 

Cost  of  roads  and  equipment  per  mile  of  road 

Income  of  all  the  roads 

84.951.413  92 
2,886  -14 
3.585.766  61 
2,090  33 
1,365.647  31 
796  11 

Income  of  all  the  roads  per  mile 

Expenses  of  all  the  roads  

Expenses  of  all  the  roads  per  mile 

Net  income 

Net  income  per  mile  of  road 

tNumber  of  passengers  transported 

465.259 
773,582  02 
14 
22 

JN umber  of  tons  of  freight, 

Number  of  persons  injured 

Number  of  persons  killed 

*A.  R..  A.  & C.  A.  L.,  A.  & K.,  C.  C.  & A.,  C.  A C..  C.  & D.,  C.  & Sals.,  C.  & L.,  N.  E., 
P.  R.  & A.,  W.  C.  & A. 

fA.  & S.,  A.  & C.  A.  L.,  C.  C.  & A.,  Ch.  & D.,  N.  E.,  S.  C.,  W.  C.  & A. 

JA.  &,  C.  A.  L.,  Ch.  & Sav.,  C.  C.  & A.,  S.  C. 


55 


1880-81,  Showing  Percentage  of  Increase  and  Decrease. 


1881. 

Increase. 

Decrease. 

Percent. 

of 

Increase. 

Percent. 

of 

Decrease. 

1,741.4 

26 

1.5 

1,416.7 

12.2 

.86 

381.97 

119.37 

45 

$8,562,270  00 

$86,150  00 

1.01 

7.734  66 

$ 632  68 

7.5 

15,402,116  73 

2.441,052  22 

18.0 

521.033  81 

176.183  89 

25.0 

15,923.150  54 

2,264,868  33 

16.0 

15.048  34 

2,413  49 

19.0 

26,742,913  07 

668,036  40 

2.5 

24,400  46 

317  90 

1.2 

$5,798,217  15 

$846,803  23 

17.0 

3,387  99 

501  55 

17.0 

4,253.904  02 

668,137  41 

18.0 

2,442  87 

352  55 

16.0 

1,544.313  13 

178,665  82 

13.0 

886  82 

' 90  71 

11.0 

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21.0 

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25.0 

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